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For example, purchasers of the land from the record title holder who pay valuable consideration and have no knowledge of unrecorded mortgages will be protected against those mortgages by the courts. All of this flows from the statement in most recording statutes that the unrecorded instruments are void against such purchasers.
A mortgage note is one of many closing documents a borrower signs. ... the promissory note is a record of the borrower’s promise to repay the loan. ... For an example of a mortgage promissory ...
Each record is a document evidencing an event that occurred in the history of the property. A deed records an event of property transfer, mortgage documents the collateral interest of a home loan, and a lien documents a claim against the property in favor of another, such as a creditor, vendor, or tradesman.
In turn, the successful bidder records the deed and becomes the owner of record. Thus, the advantage of deeds of trust is that the lender can recover the value of the collateral for the loan much more quickly, and without the expense and uncertainty of suing the borrower, which is why lenders overwhelmingly prefer such deeds to mortgages. [2]
Example of the reconveyance process Unless you purchase a home entirely with cash, it’s likely that you’ll have a mortgage on the property. Let’s say you take out a mortgage from a lender ...
Example of an open-end mortgage Let’s say you were approved for an open-end mortgage in the amount of $500,000 and buy a home for $440,000. You’ll begin repaying principal and interest on the ...
This was the mortgage by conveyance (aka mortgage in fee) or, when written, the mortgage by charter and reconveyance [8] and took the form of a feoffment, bargain and sale, or lease and release. Since the lender did not necessarily enter into possession, had rights of action, and covenanted a right of reversion on the borrower, the mortgage was ...
If original mortgage documents are lost or damaged, you can often get replacements from your mortgage lender or local recorder's office. Getting a mortgage involves a lot of paperwork, from the ...