Business & Finance mortgage

Legal Definition of a Mortgage

    Other Meanings

    Second Mortgages

    • Many properties in the contemporary real estate market have two mortgages, denominated as "first" and "second."

    Refinancing

    Transferability

    • In most common law jurisdictions, the mortgagor (borrower) and mortgagee (lender) generally have the right to transfer their interest in a mortgage.

    Due on Sale

    • Transfers subject to a mortgage are rare, though, because contracts typically include due-on-sale clauses, which require immediate payment upon the sale of the home to the lender.



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