Secure a loan to purchase property: Mortgage Deed
What is a Mortgage Deed?
The benefit of Mortgage Deeds is that they give both parties get a sense of security regarding the terms of the arrangement. If you're a borrower, a mortgage deed form allows you to put up your property as collateral in exchange for a loan and helps you protect your legal rights and responsibilities if you're taking out a mortgage on your house, or maybe you're lending someone money and want some security on the loan. They also give the lender an interest in the property as a guarantee of the debt, with rights to the property until the mortgage amount is completely paid off.
Mortgage Deeds usually include details like: the property's physical address and a legal description; the mortgage amount; when the deed goes into effect; whether the lender, the borrower, or a third party is creating the mortgage deed form; whether the parties are individuals, married couples, businesses, or trusts; the contact information of both parties; and where each party will sign the deed.
Note: Not all states recognize a Mortgage Deed or Mortgage Agreement. If you live in these states, use a Deed of Trust instead: Alaska, California, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Maine, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Oregon, Rhode Island, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, or Wyoming.
When to use a Mortgage Deed:
- You are loaning money to another person or business and want to hold an interest in certain property they own as security until they repay their debt.
- You are borrowing money and want to offer property you currently own as security to the lender that you will repay the debt in full or they can take claim on the property.
Sample Mortgage Deed
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THIS (the "Mortgage") is made and entered on by and between , (the "Mortgagor") and of , , (the "Mortgagee") which term includes any holder of this Mortgage, to secure the payment of the PRINCIPAL SUM of together with interest thereon of % computed on the outstanding balance of the total purchase price of , as provided in this Mortgage, and also to secure the performance of all the terms, covenants, agreements, conditions and extensions of this Mortgage.
IN CONSIDERATION OF the loan made by Mortgagee to Mortgagor and for the purpose expressed above, the Mortgagor does hereby grant and convey to Mortgagee, with MORTGAGE COVENANTS, the following described property (the "Property") situated at , in the City of , of , in the State of , with the following legal description:
PAYMENT OF SUMS SECURED.
Mortgagor shall pay to Mortgagee the principal and interest as agreed and reasonable charges fixed by Mortgagee to satisfy and discharge this Mortgage of record and any other relevant loan documents, and all other sums hereby secured. Mortgagor shall keep and perform every other term, provision, covenant, and agreement of this Mortgage.
WHEN THIS MORTGAGE BECOMES VOID.
When the loan secured by this Mortgage has been paid in full with all interest due, this Mortgage shall become void.
MORTGAGOR FURTHER COVENANTS AND AGREES THAT:
| a. | Mortgagor warrants that it is lawfully seized of the Property, that it has full right and is lawfully authorized to sell, convey, or encumber the same, and that the Property is free and clear of all liens and encumbrances except as provided herein. |
| b. | Mortgagor covenants to warrant and forever defend, all and singular, the Property unto the Mortgagee forever from and against the Mortgagor and all persons whomsoever lawfully claiming the same or any part thereof. |
| c. | Mortgagor will make with each periodic payment secured by this Mortgage a payment sufficient to provide a fund from which the real estate taxes, betterment assessments and other municipal charges which can become a lien against the mortgaged premises can be paid by Mortgagee when due. This provision shall be effective only in the event that a fund for the same purpose is not required to be established by the holder of a senior mortgage. |
| d. | In the event that Mortgagor fails to carry out the covenants and agreements set forth herein, the Mortgagee may do and pay for whatever is necessary to protect the value of and the Mortgagee's rights in the mortgaged Property and any amounts so paid shall be added to the Principal Sum due the Mortgagee hereunder. |
| e. | In the event that any condition of this Mortgage shall be in default within a reasonable time, the entire debt shall become immediately due and payable at the option of the Mortgagee. Mortgagee shall be entitled to collect all costs and expenses, including reasonable attorney's fees incurred. |
| f. | In the event that the Mortgagor transfers ownership (either legal or equitable) or any security interest in the mortgaged Property, whether voluntarily or involuntarily, the Mortgagee may at its option declare the entire debt due and payable. |
| g. | This Mortgage is also security for all other direct and contingent liabilities of the Mortgagor to Mortgagee which are due or become due and whether now existing or hereafter contracted. |
| h. | Mortgagor shall not commit waste or permit others to commit actual, permissive or constructive waste on the Property. |
| i. | This Mortgage is upon the statutory condition and the other conditions set forth herein, for breach of which Mortgagee shall have the statutory power of sale to the extent existing under the laws of this State. |
Mortgagor Signature:
| DATED:___________________________ |
| __________________________________ |
| Trustee |
STATE OF ss:, ss:, known to me (or proved to me on the oath of ______________________________) to be the person who is described in and who executed the within and foregoing instrument, and acknowledged to me that he or she executed the same....
, COUNTY OF PARISH OF
On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared , known to me (or proved to me on the oath of ______________________________) to be the persons who are described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that they did sign the foregoing instrument, and that the same is their free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, _____ by , who are personally known to me or who have produced ________________________________ as identification.
This instrument was acknowledged before me on this _____ day of ____________________, _____ by .
On this _____ day of ____________________, _____, before me personally appeared , to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed same as their free act and deed.
On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same as for the purposes therein contained.
On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical persons named in and who executed the above , and acknowledged that such persons executed it as such persons' voluntary act and deed.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
In witness whereof I hereunto set my hand and official seal.
_________________________________
Notary Public
Signature of person taking acknowledgment
_________________________________
Name typed, printed, or stamped
Title (and Rank)
_________________________________
Title or rank
My commission expires _____________
_________________________________
Serial number (if applicable)
Serial number, if any
Notary Address:
_________________________________
_________________________________
_________________________________
| _________________________________ |
A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On ____________________ before me, ________________________________, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
________________________________________ (Notary Seal)
Signature of Notary Public
Mortgagee Signature:
| DATED:___________________________ |
| Trustee |
STATE OF ss:, ss:
