Mortgages Flashcards
a mortgage is
a conveyance of an interest in RP made to secure performance of an obligatio. Usu evidenced by a mortgage deed and a promissory note
a mortgage deed is
doc that conveys an interest in RP designed to secure performance of a debt.
The mortgagor gives it to the mortgagee.
Is recordable
a mortgage deed must have
ID o f parties
description of prop (sufficient to give a BFP notice)
intent to create a security interest
the mortgage note creates
personal liability in the mortgager.
In MD: when a mortgage is executed, mortgagee gets __ and mortgagor gets __ bc MD uses __
title, but for security purposes only. Can’t take possession or collect rent
possession, right to collect rent, is considered the owner of the land
modern title theory
in a lien theory juris, mortgagee gets ___, mortgagor gets ___
mortgagee gets a lien
mortgagor keeps legal & equitable title, possession
in an intermediate theory jurisdiction,
mortgagor keeps legal title
after default, legal title and possession pass to the mortgagee who may then begin to collect rents and profits
mortgagor or LT commits waste if, without the mortgagee’s consent, he
My rubbish makes the castle ruined
- mortgage (fails to make timely payments of prop taxes or governmental assessments secured by a lien that have priority over the mort)
- makes phys changes to RP that decrease the value
- fail to maintain and repair
- fail to comply materially w mortgage covenants
- retains rent which the mortgagee has a rt to
a judicial foreclosure sale must be
public
properly noticed
reasonable manner
fair price
proceeds of a foreclosure sale go to:
costs of the sale
security interest foreclosed
junior lienholders terminated by the sale
mortgagor
priority: lien vs purchase money mortgage
purchase money mortgage
even if lien was recorded first
priority: junior mortgage vs a prejudicially modified senior mortgage
junior mortgage
if the mortgagor transfers the property subject to the mortgage, and mortgage payments are not made, the mortgagee may
foreclose
transferee does NOT have personal liability for the debt
if the transferee assumes the mortgage, and mortgage payments are not made, the mortgagee may
foreclose
transferee IS personally liable for the debt- may be liable for a deficiency
novation
transferee of RP and mortgagee agree that the xferee will assume the mort
mortgagor released from liability
if the mortgagee transfers his interest in the property, and the note is negotiable, and the transferee qualifies as a holder in due course,
takes it free and claer of “personal defenses” such as lack of consideration, duress by nonphysical threat, fraud in the inducement.
does take subject to “real” defenses- infancy, duress by phys threat, fraud in the factum
in a deed of trust, the debtor/ note-maker is the ___, and gives teh deed of trust to ___
in the event of the default..
deeds of trust are generally treated like __
*deed of trust is an alternative to a mortgage
in a deed of trust, the debtor/ note-maker is the settlor, and gives the deed of trust to a trustee closely connected to the settlor.
in the event of a default, the trustee is directed to conduct the foreclosure sale,
deeds of trust are generally treated like mortgages.
mortgage alternatives: in an installment land-sale K
buyer takes posession, makes payments to seller
seller delivers a deed and legal title only when payments have been completed.
