Skip to main content

How to Mortgage?

 
 

How to mortgage?

 

What is mortgage?

Mortgage is a method of securing the debt or money lent. Every creditor wants the money lent by him to be secure so that in case of the borrower's failure to repay the amount borrowed, he may rely on the security. In case of mortgage, a borrower transfers his interest  in an immovable property to the lender against which the loan is credited to him. The provisions relating to mortgage of property are contained under Sections 58 to 104 of the Transfer of Property Act 1882. Section 58 of the Act defines the meaning of mortgage and other related terms.

How to mortgage?

As per the provisions of the Act, mortgage means transfer of interest in an immovable property to the creditor to secure the payment of money lent. It is essential that both parties - the owner of the immovable property and creditor - should be living persons. In the creation of the mortgage, while transferring the interest, the owner delivers the original documents of title of his property which is mortgaged to the creditor or his agent with the intention of creating a security on the same in favour of the creditor. The immovable property, the interest of which is transferred to the creditor, must be specific in description with boundaries and should be easily identifiable.

Any person competent to enter into a contract can create mortgage. This excludes minors and people of unsound mind. Guardians of minors can create mortgage after obtaining permission from a Court. Joint owners of property, partners of firms, and a Kartha of a Hindu Undivided Family can also mortgage property. 

Overview of Mortgage Process:

1. After choosing a particular home loan provider, the perspective customer submits the application form to the housing finance institution (HFI) along with other relevant documents as required by it. These comprise documents to establish income, age, residence, employment, investments, etc. The customer also needs to hand over a cheque for payment of an up front (non-refundable) processing fee of about 0.5-1% of the loan amount to the HFI.

2. In the next stage, HFI validates the information provided by the customer on the application form. HFIs usually conduct checks on the residential address of the customer, the place of employment of the customer, and credentials of the employer. Some HFIs may insist on a personal interaction with the customer and perform a reference check on the references provided by the customer on the application form.

3. After due appraisal of customer profile, a sanction letter is issued which contains details such as loan amount, rate of interest, annual / monthly reducing balance, tenure of the loan, mode of repayment and general terms and conditions of the loan.

4. The customer is required to leave the entire set of original documents pertaining to the property being purchased with the HFI as security for the loan amount sanctioned. These documents remain in the custody of the HFI till the loan is fully repaid. Once the documents are handed over to the HFI, they send all the documents for a thorough legal scrutiny.

5. Prior to disbursement, the HFI also conducts a site visit to the customer's property to ensure that all construction norms have been properly adhered to. Once the HFI is satisfied that the property is legally and technically clear, it disburses the loan amount. The disbursement from the HFI is on the basis of the stage of construction of the property.

Until such time that the entire sanctioned amount is not drawn, the customer will pay a simple interest on the actual amount drawn (without any principal repayments). The EMI payments will commence only after the entire sanctioned loan amount is drawn.

Key Mortgage Process Terms:

Mortgagor - A person who transfers interest in an immovable property is called a mortgagor. Generally, a mortgagor would be a borrower who is the owner of the immovable property.

Mortgagee - The person to whom interest in immovable property is transferred is a mortgagee, the creditor or lender. The principle money and interest, the payment of which is secured, is called the mortgage money.

Mortgage Deed – It is the document executed by a mortgagor transferring interest in an immovable property to a creditor/ mortgagee. 
The mortgagee, after the payment of the money secured, is required to return to the mortgagor the mortgage deed and all the documents related to the mortgaged property. If the mortgagee is in possession of the property, he has to deliver back the possession  and execute all required documents at his cost. This right of a mortgagor is called redemption of mortgage.

Right of Foreclosure

Section 67 of the Transfer of Property Act 1882 gives the mortgagee the right to foreclosure or sale. This right of foreclosure is the mortgagee's right to obtain a decree from the Court to debar the mortgagor of his right to redeem the property, or to sell the property. The mortgagee can exercise his right of foreclosure in any of the following conditions:

  • When the mortgage-money has become due on the mortgagor,
  • Before the making of any decree for the redemption of the mortgaged property, or
  • Before the payment of the mortgage-money to the mortgagee.

Such a suit to obtain a decree in order to debar the mortgagor's right to redeem the mortgaged property is called a suit for foreclosure.

Invest Rs 1,50,000 and Save Tax under Section 80C. Get Great Returns by Investing in Best Performing ELSS Mutual Funds

Top 10 Tax Saving Mutual Funds to invest in India for 2016 or Best 10 ELSS Mutual Funds in india for 2016

1. BNP Paribas Long Term Equity Fund

2. Axis Tax Saver Fund

3. Franklin India TaxShield

4. ICICI Prudential Long Term Equity Fund

5. IDFC Tax Advantage (ELSS) Fund

6. Birla Sun Life Tax Relief 96

7. DSP BlackRock Tax Saver Fund

8. Reliance Tax Saver (ELSS) Fund

9. Religare Tax Plan

10. Birla Sun Life Tax Plan

Invest in Best Performing 2016 Tax Saver Mutual Funds Online

Invest Online

Download Application Forms

For further information contact Prajna Capital on 94 8300 8300 by leaving a missed call

---------------------------------------------

Leave your comment with mail ID and we will answer them

OR

You can write to us at

PrajnaCapital [at] Gmail [dot] Com

OR

Leave a missed Call on 94 8300 8300

Popular posts from this blog

Retirement planning from a long-term perspective

Invest In Tax Saving Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Buy Gold Mutual Funds     `HOW green was my valley'. This title comes from a movie I had watched many years ago. A little boy's journey into adulthood and the story of a Welsh valley's turn of-the-century descent from pristine paradise to despoiled coal mining.   I thought of the title because it is comparatively reflective of a person's life ­ the glorious years when he is earning and the sun down years when he is not having his regular job and, hence, his living standards comes down. The reason is a combination of things. Inflation of food items, transport, increase in health related costs in the later years of life and increase in expenses in almost all basic amenities of life. In India, the social security system is almost non-existent. In some states, wherever it is available, the scales of benefits are extremely modest...

LIC's JEEVAN SHIKHAR

  LIC's Jeevan Shikhar is a participating, non-linked, saving cum protection single premium plan wherein the risk cover is ten times of Tabular Single Premium. The proposer will have an option to choose the Maturity Sum Assured. The premium payable shall depend on the chosen amount of Maturity Sum Assured and age at entry of the life assured. This plan also takes care of liquidity need through its loan facility. The plan will be open for sale for a maximum period of 120 days from the date of launch. 1.   BENEFITS   : a) Death Benefit: On death during first five policy years: Before the date of commencement of risk   :   Refund of Single Premium without interest. Single Premium mentioned above shall not include any extra amount if charged under the policy due to underwriting decision and taxes. After the date of commencement of risk   : "Sum Assured on Death" equal to 10 times the tabular single premium shall be payable. On death after completion of five policy years but b...

Investment Strategy - What is Sector Rotation Theory?

Buy Gold Mutual Funds Invest Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Call 0 94 8300 8300 (India)   The economy goes through cycles : it expands for a few years and then contracts. Study of historical data suggests that different sectors tend to perform well on the stock markets during different stages of the economic cycle. While history never repeats itself exactly, some broad patterns tend to recur. Investors can take advantage of the sector rotation theory to move their money from those sectors that have seen their best times to those that are likely to do well in future.   The person who developed the sector rotation theory is Sam Stovall, chief investment strategist at Standard & Poor's. He developed this theory by studying data on economic cycles going as far back as 1854 provided by the National Bureau of Economic Research ( NBER ) of the US.   When trying to correlate stock-market perfor...

Rajiv Gandhi Equity Savings Scheme (RGESS) set for launch this week

The finance ministry is set to notify the Rajiv Gandhi Equity Savings Scheme ( RGESS ) this week.   Though Finance Minister PChidambaram had approved on September 21, the scheme announced in this year's Budget, and had said that the revenue department will notify the scheme and the Securities and Exchange Board of India ( Sebi ) would issue relevant circulars within two weeks, it is yet to become operational.   A senior finance ministry official said the revenue department was expected to notify the scheme any day now to attract retail investors to the equity segment.   He added that Sebi was not required to issue any circular for the operationalisation of the scheme and that after the issuance of the revenue department's notification, investors would be able to avail of the benefits of the scheme.   The official accepted that implementation of the scheme had been delayed due to the deliberations on inclusion of mutual funds ( MF ) in it.   ...

CNX Midcap vs BNP Paribas Midcap Fund

BNP Paribas Midcap Fund - Invest Online   Te  performance of BNP Paribas Midcap Fund  – which has across the last 3 years generated superior returns over the benchmark – especially when the markets have gone down the fund has handsomely outperformed the benchmark preserving the capital of the investors. The fund has been able to do this only due to the superior stock selection process ( BMV approach) that is diligently followed at BNPP.   Highlights of BNP Paribas Mid Cap Fund:   Investment Objective : BNP Paribas Mid Cap Fund gives an investor exposure to invest in the various quality midcap stocks. The fund also has some exposure to large as well as small cap stocks.   Investment Approach : BMV ( Quality and scalability of Business →Good Management → Reasonable Valuation ) with Bottom-up stock picking.   Most of the investors are way happier if the fund that they have invested in is a significant Outperformer in tough times than in Good ti...
Related Posts Plugin for WordPress, Blogger...
Invest in Tax Saving Mutual Funds Download Any Applications
Transact Mutual Funds Online Invest Online
Buy Gold Mutual Funds Invest Now