Type of mortgages

like equitable mortgage in English mortgage deposition of title deed is required or not
what is the different between English mortgage and equitable mortgage.

English Mortgage:   It has characteristics mentioned below:-
i)   That the mortgagor should bind himself to repay the mortgage money/loan on a certain day;
ii)  That the mortgaged property should be transferred absolutely to the mortgagee; and
iii) That such absolute transfer should be made subject to a proviso that the mortgagee will recover the property to the mortgagor, upon the payment by him of the mortgage money on the appointed day
The difference between the mortgage by conditional sale and English mortgage is that in English mortgage, the mortgagor binds him personally to repay the money.
An equitable mortgage in which the lender is secured by taking possession of all the original title documents of the property that serves as security for the mortgage. It gives the mortgagee the right to foreclose on the property, sell it, or appoint a receiver in case of nonpayment.



Your are not logged in . Please login to post replies

Click here to Login / Register  


Search Forum:


  LAWyersclubindia Menu