A mortgage loan is an ordinary part of financing today’s home purchase. It transfers a lien — a legal claim on a piece of real estate — to the lender, to secure the home loan. This lien is there to ensure the repayment of the loan.
It’s an age-old concept. As explained by H. W. Chaplin in the Harvard Law Review back in 1890:
When this country was colonized, about A.D. 1600, the law of mortgage was perfectly well settled in England. Theoretically our ancestors brought this law to America with them, and during the one hundred and fifty years from the first settlement to the Revolution, the English rules of law governed all these transactions…
In this time-tested fashion, a mortgage borrower pledges the home as loan collateral. Then, the borrower repays the lender over time until the final mortgage payoff.
Continue reading “Your Mortgage and the Law: An Overview”