Definition
A mortgagee is an entity or individual that provides a mortgage loan to a borrower (the mortgagor) for the purchase of real estate. The mortgagee holds a lien or title to the property as security until the debt is fully paid off. If the borrower defaults on the loan, the mortgagee has the legal right to seize and sell the property to recover the owed amounts. Common mortgagees include banks, credit unions, and other financial institutions.
Examples
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Homebuyers Savings Bank and Abel: Abel obtains a mortgage loan from Homebuyers Savings Bank to buy a house. In this scenario, Homebuyers Savings Bank is the mortgagee, as they finance the loan and hold a lien on Abel’s property until he repays the loan in full.
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XYZ Credit Union: Sarah borrows money from XYZ Credit Union to purchase a new home. XYZ Credit Union becomes the mortgagee and has a claim on her property until the mortgage is paid off.
Frequently Asked Questions
What rights does a mortgagee have?
- A mortgagee holds a lien on the mortgaged property and has the right to foreclose on the property if the borrower defaults on the loan.
Can a mortgagee sell the property without the mortgagor’s approval?
- Yes, if the borrower defaults, the mortgagee can initiate foreclosure proceedings and sell the property, through legal means, to recover the debt.
Is a mortgagee always a bank?
- Not necessarily. A mortgagee can be any financial institution or individual that provides the loan and secures it with the property.
What happens after the borrower pays off the mortgage?
- Once the mortgage is fully paid, the lien on the property is released, and the borrower (mortgagor) gains full title ownership of the property.
Related Terms
Mortgagor: The individual or entity that borrows money to purchase real estate and pledges the property as security for the loan.
Lien: A legal claim on a property by a creditor to ensure the payment of a debt or obligation.
Foreclosure: The process in which a mortgagee seizes and sells a property when the borrower fails to meet the terms of the mortgage agreement.
Title: The legal documentation proving ownership of a property.
Online Resources
- Understanding Mortgages and the Role of Mortgagees - Investopedia
- The Basics of Mortgages - National Association of Realtors
- Mortgage Laws and Your Rights - Consumer Financial Protection Bureau
References
- Investopedia. “Mortgagee.” 2023.
- Consumer Financial Protection Bureau. “Mortgages and Home Loans.”
Suggested Books for Further Studies
- Mortgage Backed Securities: Products, Structuring, and Analytical Techniques by Frank J. Fabozzi
- The Mortgage Professional’s Handbook by Marty McGuire
- Real Estate Finance & Investments by William Brueggeman and Jeffrey Fisher