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What is purpose of a mortgage?

Updated: 9/22/2023
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11y ago

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A mortgage is granted to a lender by the owner of real property in conjunction with a loan. The owner must grant a security interest in real property to the lender. A note that sets out the terms for the loan is executed at the same time. The mortgage must be recorded in the land records and then constitutes a lien on the real estate until it is discharged. It will take priority over any liens that are subsequently recorded.

If the mortgage is not paid the lender can take possession of the real estate by foreclosure. Therefore, from the perspective of the lender the purpose of a mortgage is to grant the lender a security interest in the real estate so that it can take possession if the loan isn't paid.

From the borrower's perspective, a mortgage can be used to purchase and improve real estate. It can also be used for any other purpose for which the property owner is willing to encumber their real property by using it as collateral.

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