When a Mortgage loan for people with bad credit is taken to purchase a house, a charge needs to be created in favour of the lender. The borrower needs to mortgage the property in favour of the lender- the bank or the housing finance institution. This creates a security in favour of the bank. It enables bank to secure the repayment of the people with bad credit Mortgage loan. In case the borrower defaults on the repayment of the Mortgage loan or the interest, the bank can enforce the security. In the case of housing loans, continuing security of the residential building mortgage to the bank is accepted, provided the value of the property is sufficient to cover the liability with the prescribed margin.
Mortgage is a form of hypothecation of the property. A Mortgage loans for people with bad credit can be secured by either an equitable mortgage, a mortgage by way of memorandum of entry, or by a registered mortgage. The type of mortgage differs from one bank to another depending on the loan amount, value of equity, customer profile etc. An equitable mortgage is created by way of deposit of title deeds. The ownership documents of the property are deposited with the bank. No formal mortgage deed is executed. This is the simplest and cheapest form of bad credit mortgage.
Registered mortgage is the safest form of mortgage. This is also referred to as English mortgage. No documents of property are required to create an English Mortgage. The borrower has to enter into a mortgage agreement with the bank. This deed is then
stamped and registered in order to make it enforceable. This is an expensive mortgage. The stamp and registration charges have to be borne by the borrower. The borrower binds
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himself to repay the mortgage loan amount as per an agreed schedule and transfers property absolutely to the mortgagee (lender) subject to the condition that the bank or lending institution would transfer the property back to the mortgagor on repayment dues.
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In case of mortgage by way of memorandum of entry, the borrower has to sign a declaration stating that he is mortgaging the property to the lender. This declaration is entered in the memorandum of entry of mortgage which can be enforced by the bank in case the borrower defaults in the repayment of loan dues.
Once mortgaged, the borrower can neither sell nor transfer the property to anyone else without the consent of the bank. While purchasing a property, the purchaser should do a due diligence exercise and visit the registrar’s office to see if any prior encumbrances on the property proposed to be purchased by him are there.
Normally, banks prefer to have the first charge on a property. In case the purchaser has availed of a loan from more than one bank, a pari passu charge may be created in favour of the lenders. However, this usually applies to large projects. In case of a pari passu mortgage, if there is any default in repayment, all the lenders share a right on the property as per the proportion of the loan amount disbursed by them.
The charge needs to be registered with the office of the registrar. Both the lender and the borrower need to be present. The mortgage deal needs to be executed on a non-judicial stamp paper.
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