It 'very important to understand the difference between legal mortgage and equitable guides when considering any adverse credit mortgage advice. In terms of transfer of ownership of the mortgaged property, mortgages are divided into two categories: legal mortgage and equitable mortgage.
In the case of legal mortgage, the lender transfers legal title to the mortgaged property in favor of the mortgagee by a deed. In legal mortgage transfer of legal titlefor the mortgage involves expenses in the form of stamp duty and registration charges. On the other hand, in case of an equitable mortgage, the lender transfers the documents of title to the mortgagee for the purpose of creating an equitable interest in the Mortgagee property.
This means that ownership of property is not passed on the mortgagee, but the lender agrees, through a memorandum of deposit, to execute a legal mortgage in case he fails to pay the mortgagemoney. The mortgagee, therefore, may petition the court to convert the equitable mortgage into a legal mortgage if the borrower fails to pay the mortgage money on the date specified.
It is worth mentioning that a mortgage by deposit of title deeds requires three ingredients: the existence of a debt in the present or future, the deposit of title deeds and the will that the title should be the measure of protection for debt. The intention is in fact the essence of the transaction. Asales agreement itself does not create any interest in the property. Then such an agreement is not considered as a document of title. For equitable mortgage, deposited the documents must relate to the property or as material proof of title and must have been deposited with the intention of creating a security itself.
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