Business Hints for Men and WomenCalhoun, A. R. (Alfred Rochefort)
Science
Business Hints for Men and Women
Calhoun, A. R. (Alfred Rochefort)
Business; Commercial law -- United States
The mortgagee, if there be buildings on the property, should see
that the buildings are insured and that the policy or policies are
made out in his name.
If the insurance policy is in the mortgagor's name he may collect
and keep the insurance money.
The mortgagor must meet, as stipulated, every payment of the
principal and interest.
Failure to meet one payment can result in a legal foreclosure.
When a payment is made, the date and the amount must be entered on
the back of the note. This should be done in the presence of the
mortgagor.
If possible always pay the obligation by check.
If a payment is accepted on a mortgage and the amount is not
sufficient to meet the sum required, the interest is first settled
in full, the rest is credited to the principal.
When the full amount, with interest, is paid in, it becomes the
duty of the mortgagee to have the mortgage "discharged."
A complete settlement is when, all payments being made, the
mortgagee surrenders the note and its security, and causes to be
written by the register, on the margin of the copy in his books,
the words, "discharged," or "satisfied," affixing thereto his
official signature and the date.
ASSIGNMENTS
A mortgage is regarded in law as personal property.
A mortgage need not remain in the hands of the mortgagee in order
to be valid. It can be sold like bonds, stocks or other property,
and there are men who deal only in that form of security.
In order to sell a mortgage, the owner must make, to the
purchaser, what is known as an "assignment of mortgage."
The assignment should be recorded in the same way as the original
mortgage, the assignee paying the fee.
REDEMPTION OF MORTGAGES
While the rule as to the redemption of mortgages remains the same
in some localities that it formerly was, the law in most places is
now more lenient.
Now the mortgagor who has failed is usually given by law an
extension of time in which to make good the payment of principal
and interest.
Lenders, when the interest is met, are content to let the mortgage
run on as an investment, though it will often be found, in such
cases, that it is better to make a new mortgage.
EQUITY OF REDEMPTION
Where the payments on a mortgage have not been met and the
instrument has not been foreclosed, the mortgagor has still what
is known as an "equity of redemption."
In some states after the foreclosure of the mortgage and the sale
of the property there is still a period of redemption of from
sixty days to six years.
The mode of foreclosure differs in some states. The usual method
is to foreclose on an order from the court, and to have the sale
conducted by a court officer.
The proceeds from the sale are used to pay the principal,
interests and costs. If there is money left over it is paid to the
mortgagor, whose interests in the property are then at an end.
Public-domain text, read in full here on John Shaqi.
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