Bijay Kumar (Company Secretary) 09 July 2018
Dear Respected members,
what is the difference between simple mortgage & english mortgage. can a simple mortgage which has been registered can be equated with english mortgage ? these are the contentions raised by bank that when a simple mortagage is registered it partakes the nature of english mortgage. i contested that even a simple mortgage needs to be registered and registration does not chnages the nature of mortgage.
Request your views
Vanshika Kapoor 23 July 2018
Hello Bijay,
Simple Mortgage
Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly that in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee.
English Mortgage
Where the mortgagor binds himself to repay the mortgage money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will re-transfer it to the mortgagor upon payment of the mortgage money as agreed, the transaction is called an English mortgage.
Member Strength 9,46,690 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
