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

Axis Mutual Fund NFO - Axis Fixed Term Plan Series 18

Axis MF has announced that the NFO period of Axis Fixed Term Plan Series 18 (15 Months) under Axis Fixed Term Plan Series 17 19 has been preponded from February 27 to February 24.        --------------------------------------------- Invest in Tax Saving Mutual Funds ( ELSS Mutual Funds ) to upto Rs 1 lakh and Save tax under Section 80C.   Invest Tax Saving Mutual Funds Online Tax Saving Mutual Funds Online These links can be used to Purchase Mutual Funds Online that are regular also (Investment, non-tax saving)   Download Tax Saving Mutual Fund Application Forms from all AMCs Download Tax Saving Mutual Fund Applications   These Application Forms can be used for buying regular mutual funds also   Some of the best Tax Saving Mutual Funds available ( ELSS Mutual Funds ) HDFC TaxSaver ICICI Prudential Tax Plan DSP BlackRock Tax Saver Fund Birla Sun Life Tax Relief '96 Reliance Tax Saver (ELSS) Fund IDFC Tax Advantage (ELSS) Fund SBI Magnum Tax Gain Schem...

Budget 2014 Highlights for Saving

Download Tax Saving Mutual Fund Application Forms Invest In Tax Saving Mutual Funds Online Buy Gold Mutual Funds Leave a missed Call on 94 8300 8300   The new finance minister Arun Jaitley has just presented his first budget. What measures does the budget contain that will specifically impact savers and investors? Here they are: 1. Housing loans exemption for self-occupied properties increased to Rs2 lakh: Earlier this amount was Rs1.5 lakhs. This move barely keeps pace with the inflation in asset values.   2. Investment limit under 80 (C) increased to Rs1.5 lakh: This is a good move again and offers some relief to taxpayers.   3. IT exemption increased to Rs2.5 lakh, Rs3 lakh for senior citizens. This comes as a minor relief for taxpayers.   4. Annual PPF ceiling to be enhanced to Rs1.5 lakh, from Rs1 lakh: This is in tune with the change in 80C.   5. Long term capital gains tax for debt funds has been rai...

Franklin India Taxshield

Invest In Tax Saving Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Buy Gold Mutual Funds Call 0 94 8300 8300 (India)   This fund maintains a quality portfolio of large-cap orientation. The fund manager adheres to a bottom-up investment approach and looks for companies whose current market price does not reflect future growth prospects. Investments are in companies that can drive future earnings growth. Stocks are selected based on the company's financial strength, management's expertise, growth potential within the industry, and the industry's growth potential.   The portfolio is well-diversified across sectors and market capitalisation and follows a blend of value and growth style of investing. The fund follows a predominantly large-cap allocation of over 70 per cent, with small-cap allocation never exceeding 10 per cent since inception.   Performance The fund doesn't dev...

ELSS Funds for different Risk Profile

Match your Goals Risk Profile With ELSS Investment   DIFFERENT TRACKS Unlike funds with a clearly defined investment universe -- large-cap, mid-cap or multi-cap - Tax Saving Schemes do not specify investment focus If you are looking for an equity Linked Savings Scheme (ELSS) to pare your tax burden, the plethora of options may confuse you. Many investors simply opt for ELSS funds , also called tax saving schemes with the best return over a certain time period. However, this may not yield the best results. There are several types of ELSS funds and it requires a nuanced approach to pick the right one. DIFFERENT RISK PROFILES Unlike funds with a clearly defined investment universe -- large-cap, midcap or even multi-cap schemes in the ELSS category do not specify their investment focus. While these schemes have the flexibility to invest anywhere, most tend to follow a defined template. For instance, some funds take a distinct large-cap tilt with a limited exposure to mid or small-cap st...

Reliance Tax Saver Fund Online

Invest in Reliance Tax Saver Fund Online   ----------------------------------------------- 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 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 mis...
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