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The parties are free to enter into any terms they like. Where, however, the contract does not contain all the terms, Section 65 provides for implied terms as follows:
In the absence of a contract to the contrary, the mortgagor shall be deemed to have contracted with the mortgagee that the :
· mortgagor is entitled to transfer the interest (covenant for title);
· mortgagor will assist the mortgagee to enjoy quiet possession;
· mortgagor will pay public charges in respect of the mortgaged property;
· mortgagor covenants as to payment of the rent due on lease where, the mortgaged property is leased;
· mortgagor covenants as to payments of interest and principal on prior encumbrances, where the mortgage is a second or subsequent encumbrance on the property.
Wiki User
∙ 12y ago
Implied contracts by a mortgagor refer to the unwritten or non-explicit agreements between a borrower and a lender in a mortgage transaction. While the terms and conditions of a mortgage are typically outlined in a written contract, implied contracts may exist based on the customary practices and industry standards. These contracts ensure that both parties have certain expectations and obligations towards each other throughout the mortgage process.
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What is the difference between quasi-contracts and implied-in-fact contracts?
A quasi-contract is not actually a contract but is instead a remedy. Also known as an implied-in-law contract, it is recognized in order to do justice under contract law, such as wherein the doctrine of promissory estoppel is applied.An implied-in-fact contract is a contract deemed to exist between parties whose conduct tacitly recognizes the existence of a contract between them.
Is the lender the mortgagor?
no
Is the mortgagor the lender?
yes
What are synonyms for debtor?
borrower, mortgagor
What is the difference between mortgagor and mortgagee?
A mortgagor is a borrower named in a specific mortgage instrument. A mortgagee is the lendor in a mortgage instrument, who has takes (property) security for the sum lent, and may force conveyance of title if the mortgagor defaults on the mortgage re-payments.
In Texas if a mortgagee Buyer leaves the home and the mortgagor Lender has no way of contacting the mortgagee can the mortgagor take house because of abandonment?
The borrower is the mortgagor. The lender is the mortgagee. Generally, if the mortgagor doesn't pay the mortgage the lender can foreclose as long as they reserved the right to do so in the mortgage document. Generally, legal title to real estate does not pass through abandonment.
A borrower in a mortgage transaction is called?
mortgagor
Will a mortgagor be charged any fees by the lender if the mortgagor acquires additional adjoining property through a quit claim deed?
If the mortgagor (the person who borrowed money from a bank) acquires additional land after they have executed a mortgage, the additional land is not affected by the mortgage nor does it affect the existing mortgage. The lender has no interest in the newly acquired land unless the mortgagor executes a new mortgage that covers it.
Can you write up a deed of trust pursuant to an owner's partial interest in a property if there are no other loans on the property?
Yes, but if the mortgagor defaults on the mortgage you can only acquire their partial interest by foreclosing on the mortgage.Yes, but if the mortgagor defaults on the mortgage you can only acquire their partial interest by foreclosing on the mortgage.Yes, but if the mortgagor defaults on the mortgage you can only acquire their partial interest by foreclosing on the mortgage.Yes, but if the mortgagor defaults on the mortgage you can only acquire their partial interest by foreclosing on the mortgage.
What does a mortgagor right of redemption mean. what is as is clause?
Right of redeem is the right to recover something by making certain payments. Mortgagor's right of redemption means mortgagor's right to recover or get back the property after making payment of loan. Mortgage is a transfer of an interest in immovable property for securing the loan. By way of security, the mortgagor transfers an interest in his immovable property. If the loan has been paid, the interest so transferred must revert back to the mortgagor. The mortgagee cannot retain any interest in the mortgage-property if debt does not exist.
What type of contract the terms can be inferred from the actions of the people involved?
The type of contract where the terms can be inferred from the actions of the people involved is called an implied contract. In implied contracts, the parties' actions and conduct create an agreement, even though it may not be explicitly stated in written or verbal terms. The terms of the contract are understood based on the actions and behavior of the parties involved.
Who is the mortgagor and who is the guarantor?
The mortgagor is the primary borrower on the mortgage- the party who purchased the real estate. The guarantor is the co-signer on the mortgage loan. The co-signer guarantees they will pay the debt if the primary borrower defaults.
