Tutorial Chapter 4 - Nakisha
Tutorial Chapter 4 - Nakisha
In summary, fully amortizing loans result in consistent monthly payments and ensure the loan
is fully paid off by the end of the term, while partially amortizing and non-amortizing loans
may have lower initial payments but often require larger final payments or balloon payments,
potentially leading to higher total payments over the life of the loan.
2. Mortgagee : The mortgagee is the lender who provides the loan to the mortgagor. They are
the party who advances funds to the borrower in exchange for a security interest in the
property. The mortgagee holds the mortgage lien on the property, which gives them the right
to foreclose on the property in the event of default by the mortgagor.
The difference between the title theory and lien theory in mortgage law:
1. Title Theory :
- Under the title theory, the mortgagee (lender) holds legal title to the mortgaged property
until the mortgage debt is fully repaid. This means that the mortgagee has the right to
possess and sell the property without going through the courts if the mortgagor defaults
on the loan.
- In the event of default, the mortgagee can initiate foreclosure proceedings to take
possession of the property and sell it to recover the outstanding debt.
- The mortgagor retains equitable title to the property, meaning they have the right to
possess and use the property as long as they fulfill their obligations under the mortgage
contract.
2. Lien Theory :
- Under the lien theory, the mortgagor retains legal title to the mortgaged property, and
the mortgagee holds a lien against the property as security for the loan. The mortgagee's
interest is considered a lien or encumbrance on the property.
- In the event of default, the mortgagee must go through judicial foreclosure proceedings
to enforce the lien and obtain ownership of the property. This typically involves filing a
lawsuit and obtaining a court order to sell the property.
- The mortgagor maintains both legal and equitable title to the property throughout the
loan term, with the mortgagee having a secured interest in the property until the loan is
fully repaid.
In summary, the title theory and lien theory represent different approaches to the legal
relationship between the mortgagor and mortgagee. The choice of theory can affect the rights
and obligations of both parties in the event of default, particularly regarding the foreclosure
process and the transfer of property ownership.