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mortgage

French · MOR-gij · Property and land

Meaning. The transfer of an interest in specific immovable property to secure the repayment of a loan.

A mortgage is the transfer of an interest in specific immovable property to secure the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a money liability. The transferor is the mortgagor, the transferee the mortgagee, the money secured the mortgage-money, and the instrument the mortgage deed.

The Transfer of Property Act recognises six forms: simple, by conditional sale, usufructuary, English, by deposit of title deeds, and anomalous. Only an interest, not ownership, passes; the mortgagor keeps the right to redeem on payment.

Example

Since the bank's loan was secured by a mortgage of the flat, the borrower could redeem it on repaying the loan with interest.

In Indian law

  • Section 58, Transfer of Property Act, 1882 (definition and kinds)
  • Section 60, Transfer of Property Act, 1882 (right of redemption)

See also

mortgagor · equity of redemption · simple mortgage · foreclosure

Read more in the study notes

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