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When you are searching for or reading through any mortgage, there are some terms that are vitally important to how you perceive the paperwork. If you aren’t familiar with all of the terms, then you might misunderstand what the document is saying and agree to something that you might not mean to. Here are some of the basic terms that you should understand before you sign anything:

1. Creditor this is the party who is selling, or who holds the current deed to the property that you are buying. They legally own the property and have the legal right to sell it, or secure it by a mortgage. This is usually the mortgage company, bank, or other lending institution. The creditor is also listed as the mortgagee or lender in some cases.

2. Debtor this is the party who is buying the property. If you are looking to purchase the property, then the debtor is you. This party must ensure that they are able to repay the mortgage to the creditor before the creditor will sign the mortgage.

3. Conveyance this is the term for the legal exchange of the property from the creditor to the debtor.

4. Hypothecation this is just a fancy term for the debt that is incurred by the mortgage. This is what the debtor has when they sign the mortgage and turn over the money to the seller of the property.

5. Redemption this is when the mortgage, or debt, is paid in full.

6. Mortgage by demise this is when the creditor assumes ownership of the property until the debt is paid in full. This form of mortgage was widely used in the past, but is seldom used today, and is even outlawed in some countries.

7. Mortgage by legal charge this is the basic type of mortgage that is available to day. In this case, the debtor (or buyer) is legally the owner of the property, but the creditor retains enough rights over the property to ensure that they will be paid.

There are many more mortgage terms that you should be familiar with when searching for a mortgage. You should make sure that you are aware of other terms that you might need to know before you head into a mortgage broker’s office to sign any paperwork. Hopefully these terms help to give you a little more of an idea of what you are signing when you do make it to that part in the process.

Copyright 2006 Tracey Anderson

A mortgage is often the biggest commitment a person undertakes, and one should take time to consider all of the legal and financial details before diving head-first into such an agreement. Your mortgage broker, banker, or real estate agent can often be a good source of information about these details; if there is still confusion, you may even wish to engage a solicitor to review your contract, watch out for unusual or potentially harmful clauses, and explain the details to you. Always take time to read the contract, and seek out third-party advice if you do not understand it. An unscrupulous lender, broker, real estate agent or seller may attempt to pressure you into signing an agreement without reading it, or worse, yet, signing a blank form for them to fill in later. Avoid succumbing to this pressure, and always understand what you are signing before you have signed it. If you are being pressured to sign a contract immediately without a thorough reading, then the best thing to do is walk away.

Once you’ve found a house and arranged for the mortgage, the legal process of transferring ownership between parties, known as conveyance, is very specific and complicated. Your mortgage broker, lender, or real estate agent may be familiar with the process, and may be able to give you advice on the matter. However, the process itself must be done by a solicitor or registered conveyancer. Alternately, a homeowner can choose to do the process individually using a do-it-yourself kit. Conveyance naturally comes with a conveyance duty which must be paid to the state, although in some states, you may be able to qualify for an exemption if you are a first-time home buyer.

The property title itself, which in most cases is called a Torrens title, establishes proof of ownership. Old System titles are more complicated, and require the buyer to show clear title for every previous owner.

The issue of survivorship must also be addressed. Typically in the case of a husband and wife, the home is held in joint tenancy, so that if one spouse passes on, the other will retain the right to the property. If a home is held in tenants-in-common, however, each tenant’s share of the home is separate, and in the case of death would become part of the deceased’s estate. Under common law, if no other arrangement is specified, joint tenancy is assumed.

Before buying a home, legal hassles can be avoided by executing a thorough inspection. You can choose to inspect the home yourself, or hire a licensed inspector. Either way, you will be able to gain knowledge about any existing conditions of the home that you can use in your negotiations. Having knowledge of the home’s condition and any flaws or defects ahead of time will put you in a better legal position, since it may be difficult to recoup any costs for undetected flaws after the transaction has already been finalized.