Mortgagee Vs Mortgagor: Definition, Rights & Differences

Mortgagee Vs Mortgagor: Definition, Rights & Differences
Mortgagee Vs Mortgagor: Definition, Rights & Differences

Wondering the difference between mortgagee vs mortgagor in real estate?

The mortgagor, usually the homeowner in a mortgage situation, is the entity that receives or requests a loan.  The mortgagee is a bank or credit institution that issues a mortgage loan.

Mortgagor vs Mortgagee are terms that are commonly used in the context of home financing.  Both terms are related to the root term “Mortgage” which means “collateral” or an asset held as security for a loan. 

Often people get confused about what these two terms mean and therefore use them interchangeably.  Therefore, in order to use the terms correctly and understand their relevance, we need to understand the difference between a Mortgagee and a Mortgagor.

Mortgagor vs Mortgagee Real Estate

In a real estate contract, the mortgagor is the borrower of the mortgage loan and the mortgagee is the lender.  The mortgagee makes regular payments on the loan and agrees to a lien on the pledged property as collateral for the mortgagee. 

Instead, the mortgagor sets the terms of the loan, controls its payment, and reserves the right to seize the property if the mortgagor defaults on its payments.

Until the mortgage is fully repaid, the mortgagee retains ownership of the property.  Essentially, if the mortgagor is unable to repay the entire loan, the mortgagee may decide to tender or sell the property.

ALSO CHECK: Servient Tenement: Definition, Rights & Examples

Difference Between Mortgagor vs Mortgagee

While the term mortgagee is used to refer to a person, company or financial institution that provides financing or a loan.  A mortgagor, on the other hand, is a person or company that lends money to a mortgagor.

The mortgagee offers the loan to multiple mortgagees based on their risk profile.  On the other hand, mortgagors must provide documents that prove their right to receive the loan and/or keep the asset as collateral for the loan. 

Having a reliable job or steady income is just one of the many criteria that a mortgage lender must have.  A mortgagor can apply for a loan from various financial institutions and then choose the best interest rates for financial assistance. 

The mortgagee determines the number of years, the interest rate, and the down payment that the mortgagor must make to obtain the loan.

ALSO CHECK:  OPEN END MORTGAGE: Definition & Guide To The Mortgage Option

Who Is A Mortgagor?

When a home buyer needs a mortgage to buy a new home, they are called a mortgagor.  In other words, it is a person who borrows funds from a financial institution, such as a bank.  The guarantor can be one person or a group of persons, depending on who applies for the loan.

A mortgagee is an institution that lends money to a mortgagor to finance the purchase of a home or to refinance an existing mortgage.  The mortgagee can be a large bank, credit union, community bank or other credit institution.

The mortgagor decides the installment payment structure and how it will work.  These payments will include interest and other applicable fees.  The mortgagee determines the terms of the loan and other provisions of the financial contract.

ALSO CHECK:  CREDIT ENHANCEMENT: Definition And Basics On How It works.

Who Is A Mortgagee?

The term guarantor is a technical term used in the financial industry to describe a special form of borrower, and most often your bank will simply refer to you as a borrower. 

However, the most common situation in which a person becomes a mortgage lender is when they need to borrow funds to purchase a property or use the equity from the property to borrow additional money.

They usually make a down payment on the property, although this is not always required.  The remainder of the purchase price is covered by a mortgage, which bridges the gap between the home’s value and the down payment they make to pay for the home. 

After receiving the funds to cover the balance, they become the mortgagor.

ALSO CHECK: Seller’s Advantage

How Do Mortgagess Work?

Originating a mortgage is one of the primary responsibilities of a mortgagee.  This mortgage application process includes several stages. Consideration of the mortgagor’s application and financial data, issuance of the mortgage, confirmation of the mortgage and closing of the mortgage.

During the review and underwriting process, the mortgagee decides on the rates and terms for the mortgage lenders.

The Mortgagee provides financial documentation, such as pay stubs or W2s, to the Mortgagee for verification.  The financial documents will determine whether the mortgagor meets the mortgagee’s criteria for loan approval. 

This will also determine the interest rate that the mortgagor can claim.  In addition to the financial documents, the mortgagor pledges his house.  That way, if they default on the loan, the mortgagee can foreclose on the property.

ALSO CHECK: What is Debt Service? What You Should Know

What Are The Rights Of The Mortgagor?

The law regulates the rights of mortgagors for protection in the event of any unconscionable actions.  Below is a list of some of the main rights of mortgagors:

Additions to property

An addition to the property allows the mortgagee to have the right to redeem any additions or improvements to the property. 

For example, if the mortgagor builds a house on land that has been mortgaged, he/she has the right to redeem both the land and the house.

Right of redemption

The right of redemption allows the mortgagor to redeem the property under certain circumstances.  Example: the mortgagee pays the entire mortgage on time and fulfills all the obligations specified in the contract.

At such a time, the mortgagor may ask the mortgagor to hand over all mortgage deeds and other documents relating to the mortgaged property in the mortgagor’s possession.  It will transfer ownership to the mortgagor.  The right of redemption cannot be partially redeemed and must be an absolute transfer.

Transfer to a third party

A transfer to a third party allows the mortgagee to require the mortgagee to transfer the mortgaged property to a third party and transfer it back to the mortgagee. 

This can only happen when the mortgagee does not own the property, the right of reversion is stated in the original contract, and the right of redemption still remains.

Inspection and production of documents

Inspection and production of documents gives the mortgagee the right of redemption to inspect and make copies of all documents (relating to the mortgage) in the possession of the mortgagee.

ALSO CHECK:  TENANCY AT SUFFERANCE | Definition, Types and Examples

Types Of Loans For Mortgagors

There are several types of loans that mortgage lenders may consider in addition to a conventional mortgage.  For example, a government loan such as an FHA loan only requires the borrower to put down 3.5%, even if they have a lower credit score. 

However, interest rates on such loans are usually slightly higher. Another government loan you may want to consider is a VA loan insured by the Department of Veterans Affairs. 

A VA loan can allow you to purchase a home for $0 down and at lower interest rates than most other types of loans.  However, to qualify, you must meet the requirements for service in the Armed Forces or National Guard.

Another option you can consider if you decide to take out a conventional mortgage is an adjustable rate mortgage (ARM).  An ARM is a 30-year loan with interest rates that change at the end of the fixed term based on how market rates change.

CONCLUSION

When a home buyer needs a mortgage to buy a new home, they are called a mortgage lender.  In other words, it is a person who borrows funds from a financial institution, such as a bank.  The guarantor can be one person or a group of persons, depending on who applies for the loan.

Whereas a mortgagor is an institution that lends funds to a mortgagee to finance a home purchase or refinance an existing mortgage.  The mortgagee can be a large bank, credit union, community bank or other credit institution.

The mortgagee and mortgagee decide the installment payment structure and how it will work.  These payments will include interest and other applicable fees.  The mortgagee determines the terms of the loan and other provisions of the financial contract.

Mortgagor vs Mortgagee FAQs

How Does A Mortgagor Get A Mortgage Loan?

The process by which a mortgagor applies for a mortgage loan is relatively simple.  The first thing a lender usually looks at is a borrower’s credit rating and credit history.  If a borrower’s credit score is strong enough to qualify for a loan, the borrower will go through an underwriting process.  During underwriting, the lender reviews the borrower’s income, assets, debt and property to provide final loan approval.

What Happens If The Mortgagor Fails To Repay The Loan Within The Pre-Decided Time Frame?

If the mortgagor does not repay the loan within a predetermined period, the mortgagee or lender can collect a penalty or put his assets up for sale to recover the amount due.

What Are The Documentation Required For A Mortgagor To Get A Mortgage Loan?

After both parties have agreed on the terms of the loan, the mortgagor begins preparing documents for the loan.  These documents include details such as ownership, interest payment, guarantor, purpose of loan, collateral (if any) etc.  In addition, the mortgagee also prepares documents containing the rules for paying interest to give the mortgagor a clear idea of ​​what their obligations will be after receiving the loan.

References

efinancemanagement.com – Mortgagee vs Mortgagor – All You Need To Know

Editor’s Recommendation

0 Shares:
Leave a Reply

Your email address will not be published.

You May Also Like