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The main difference between a mortgage and a Deed of Trust is the procedure that is followed if the borrower breaches his or her agreement to pay off the loan. With a mortgage, if a borrower "defaults" -- such as by failing to make monthly payments or meet other conditions of the loan, such as carrying homeowner's insurance and maintaining the house in good repair -- the lender must bring a court action in order to foreclose on the property. With a Deed of Trust, if the homeowner does not pay the loan, the foreclosure process is usually much faster and less complicated than the formal court foreclosure process.

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Q: What is the difference between a mortgage and a mortgage deed?
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What is the difference between renting a property and having a mortgage?

The difference between renting a property and having a mortgage is that when you have a mortgage you are buying the property.


Can your mom buy a house for you if you filed bankruptcy?

Yes. But the deed and mortgage would have to be in her name. It would not be your property.Yes. But the deed and mortgage would have to be in her name. It would not be your property.Yes. But the deed and mortgage would have to be in her name. It would not be your property.Yes. But the deed and mortgage would have to be in her name. It would not be your property.


Can the mortgage company take your house without the deed?

By definition a mortgage is secured on the deeds of the house. They will have the deed (or officially have their name legally registered for the property) if they have given you a mortgage.


If a husband dies will a wife be responsible for the mortgage debt even if she is not on the note?

His estate will be responsible for the mortgage. Assuming the wife is not on the deed, if the mortgage isn't paid the bank will foreclose and take possession of the property covered by the mortgage. If the wife is on the deed and she consented to the mortgage the bank can foreclose. If she is on the deed and did not consent to the mortgage then the bank had a defective title and may not be able to foreclose.


What happens if the mortgage and deed are in two names and one claims banckrupcy?

What happens if the mortgage and deed are in two names and one claims banckrupcy

Related questions

What is the difference between a deed and an instrument?

In this sense an instrument is a written legal document that defines rights, duties, entitlements or liabilities such as a deed, contract, will, easement agreement, mortgage, etc. A deed is an instrument.


What is the difference between a Deed of Undertaking and a Deed of Assignment?

deed of undertaking


What is the difference between renting a property and having a mortgage?

The difference between renting a property and having a mortgage is that when you have a mortgage you are buying the property.


Can your mom buy a house for you if you filed bankruptcy?

Yes. But the deed and mortgage would have to be in her name. It would not be your property.Yes. But the deed and mortgage would have to be in her name. It would not be your property.Yes. But the deed and mortgage would have to be in her name. It would not be your property.Yes. But the deed and mortgage would have to be in her name. It would not be your property.


Is a quitclaim deed the same as a mortgage deed?

No. A quitclaim deed transfers the property to a new owner permanently. A mortgage deed is a conditional deed that transfers title to the bank only until the mortgage is paid and then the bank must release its interest.


You on the deed but not the mortgage. When partner dies what happens You are on joint tenancy with him on the deed?

You own the land subject to the mortgage.


Do you have to go through probate if your wife is on the deed but not the loan and the husband dies?

If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.


Is a deed of trust a secruity instrument?

Yes. A deed of trust is similar to a mortgage.Yes. A deed of trust is similar to a mortgage.Yes. A deed of trust is similar to a mortgage.Yes. A deed of trust is similar to a mortgage.


Can an attorney a deed?

Can an attorney sign a mortgage deed/legal charge?


Can the mortgage company take your house without the deed?

By definition a mortgage is secured on the deeds of the house. They will have the deed (or officially have their name legally registered for the property) if they have given you a mortgage.


Can supplementary deed supersede trust deed?

The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.


If a husband dies will a wife be responsible for the mortgage debt even if she is not on the note?

His estate will be responsible for the mortgage. Assuming the wife is not on the deed, if the mortgage isn't paid the bank will foreclose and take possession of the property covered by the mortgage. If the wife is on the deed and she consented to the mortgage the bank can foreclose. If she is on the deed and did not consent to the mortgage then the bank had a defective title and may not be able to foreclose.