Mortgage Laws That You Should Know

Mortgages for homes offer a wide range of benefits. However, it’s critical to know about the legal regulations pertaining to mortgages before you resort to one. Here are three mortgage laws everyone should know about.

Legal Title to the Mortgaged Property

When it comes to having a legal title or ownership of a mortgaged house, US law uses three theories to make that decision. These include Title Theory, Lien Theory, and Intermediate Theory.

According to the Title theory, the mortgagee or the individual who borrows a home loan to purchase a house receives the title of the property along with its security and other aspects of homeownership. However, the majority of the states in the USA provide legal titles according to the Lien Theory.

The Lien Theory provides the property’s legal title to the mortgagor or the lender. However, this may be subject to change or adjustments in case of a foreclosure. In exceptional cases, some states may follow the Intermediate Theory.

This theory applies in the same way as the Lien Theory unless the mortgage has a default title. In that case, the title theory is followed.

banknotes with a calculator

Transfer of Mortgage Interest

The transfer of an interest in a mortgage generally depends on the mutual understanding and final decision made by the mortgagee and the mortgagor. However, when both parties are unable to come to a solid conclusion, or when a borrower fails to take over the mortgaged property explicitly, the state has the right to assume the mortgage transfer to the lender.

Mortgage companies that wish to prevent the transfer of interest choose two clauses, including due-on-encumbrance and due-on-sale. These clauses became enforceable by Congress in 1982.

Mortgage and Property Conflicts

Like every settlement, mortgages and home loans can be subject to conflicts too. In such circumstances, the state goes over the conflict and determines the final decision from the dispute by prioritizing the property’s interests.

States use Article 9 of the Uniform Commercial Code to deal with property conflicts and disputes related to mortgages.

a house’s interior

Home mortgages can become complicated if you don’t take the right steps, follow the required regulations, and don’t work according to the current mortgage rates in the market. The experts at CMS Mortgage Solutions can help. They’re a leading, full-service lender and mortgage broker in Florida, specializing in helping home buyers learn about the current mortgage rates, refinance rates, and home loans in Florida. They use their 24 years of experience to provide high-quality lending solutions to ensure a safe and valuable home investment process. Contact them to learn more about mortgage rates today!

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