Quick: Who gives a mortgage to whom?
If you said a bank gives mortgages to borrowers, the man on the street agrees with you. But you’re both wrong.
A mortgage is a claim — a lien — against property. You give it to a lender against your house and yard, which are yours, more or less, for one reason: Said lender has given the seller of the property a large check.
You have given the lender two things in return. One is your promise to pay them the amount of the check, plus interest. The other, in case you fail on your promise, is _____.
If you said a mortgage, you’re right! You are the mortgagor. The bank is the mortgagee.
If we had paid more attention in French class, this would be intuitive. But we didn’t and it isn’t. It makes no difference. Here comes Carving Closing Day.
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Who’s right, who’s not
SL doesn’t do a big recommendation business, but we do occasionally call attention to error.
The Word Detective offers an explanation of mortgage that misses on a few cylinders. It refers to the lender as the mortgagor, which is wrong. It also claims “the ‘homeowner’ doesn’t really own the house. The mortgage company owns it.”
You can debate philosophy and metaphor, but in terms of law and contract, the homeowner owns the home. He doesn’t need a landlord’s permission to raise corn.
What the mortgage company owns is something more valuable. And that is ______.
If you said the mortgage — right again!
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Through the looking glass
I knew I could never learn the language of home buying — when I realized that the buyer’s agent is listed on the contract as selling agent.