Meaning & use

equitable mortgage

noun·Advancedlegalfinance

Last updated

UK/ˌekwɪtəbl ˈmɔːɡɪdʒ/
US/ˌekwɪtəbl ˈmɔːrɡɪdʒ/

Meaning

  1. nouncountablelegalfinance

    A legal arrangement where a lender has a right to a property as security for a loan, even without full legal ownership.

    Grammar: Countable: you can say 'an equitable mortgage' or 'equitable mortgages'.

    Patterns

    • create an equitable mortgage
    • hold an equitable mortgage
    • an equitable mortgage over something

    The bank held an equitable mortgage over the property.

    An equitable mortgage can arise when the borrower deposits the title deeds with the lender.

    The court recognized the equitable mortgage despite the lack of a formal contract.

Word forms

pluralequitable mortgages

Common combinations

create an equitable mortgage
The parties created an equitable mortgage by depositing the deeds.
hold an equitable mortgage
The lender holds an equitable mortgage over the land.
equitable mortgage over property
They granted an equitable mortgage over their home as security.

Synonyms and how they differ

equitable lien
In US law, this term is often used for a similar concept, though the technical details may differ.

Word family

equity noun
In law, a system of justice based on fairness; in finance, the value of a property minus debts.
mortgage noun
A loan secured by property.

Commonly confused: equitable mortgage or legal mortgage?

equitable mortgage vs legal mortgage

A legal mortgage involves full legal ownership transferring to the lender, while an equitable mortgage gives the lender a right without full legal title.

Practice

What is an equitable mortgage?

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