Mortgage Agreement

A Mortgage Agreement is a document used to create a lien on a property, ensuring loan payments from the borrower.

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Deciding it's time to become a property owner can be an exciting period in any person's life. However, going through the mortgage approval process can be overwhelming and frustrating, as there are many moving parts. 

Getting approved for a loan can take time, and borrowers must be prepared to provide many documents and prove that they can repay the loan in full. 

One such document is the Mortgage Agreement. In strictly financial terms, this type of document is a security instrument that is essential for both the mortgagor and mortgagee. 

What Is a Mortgage Agreement?

A Mortgage Agreement is a legally binding document that states the borrower will relinquish their right to the property in question if they default on the loan. 

Should that happen, the lender has the right to retake the property and sell it for profit. Therefore, it's essential to differentiate between the actual mortgage loan agreement and a Mortgage Agreement. It's a complex promissory note, not the official loan agreement. 

However, it's also vital to point out that a Mortgage Agreement can work in the other direction. It assures the borrower that they have full ownership of the property once they pay the mortgage in full. 

In cases where the borrower doesn't fulfill all the financial requirements the lender presents, Mortgage Agreements require a Guarantor who promises to take over the mortgage payments if the borrower cannot do so. 

Other Names for Mortgage Agreement

Depending on your state, a Mortgage Agreement may also be known as:

  • Mortgage Contract
  • Mortgage Form
  • Mortgage Deed
  • Mortgage Documents

Who Needs a Mortgage Agreement?

Mortgage Agreements are necessary for the often long and complex mortgage application process. 

Essentially, anyone who starts the mortgage application process needs to get familiar with and use a Mortgage Agreement at some point. 

Why Use 360 Legal Forms for Your Mortgage Agreement?

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Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Mortgage Agreement.

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How to Create a Mortgage Agreement With 360 Legal Forms

A Mortgage Agreement is an unavoidable document that guarantees the bank can foreclose on a property if the loan is unpaid. It contains numerous crucial details that take time to create. However, there is a shortcut you can use. 

Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Mortgage Agreement?

To create your document, please provide:

  • Mortgagor Information: Personal and contact details of the person applying for the mortgage.
  • Mortgagee Information: Relevant information about the financial institution issuing the mortgage.
  • Guarantor Information: Personal and contact details of the person co-signing the mortgage.
  • Considerations: The amount of the mortgage and the interest rates.
  • Duration: The exact time allocated for the full payment of the loan.
  • Property Information: Relevant information about the property such as parcel number, square footage, etc. 
  • Promise to Pay: A statement outlining that the mortgagor has pledged to pay in regular installments; otherwise, the mortgage has the right to repossess the property.
  • Property Insurance: Relevant information about the property insurance policy.
  • Signatures: All three parties must sign the Mortgage Agreement.

Mortgage Agreement Terms

  • Mortgagor: Also known as the borrower – a person applying for the mortgage loan
  • Mortgagee: Also known as the lender – a financial institution providing the mortgage loan
  • Guarantor: Also known as a co-signor – a person who guarantees to resume payments if the mortgagor can't pay
  • Governing Law: A standard contract clause stipulating which state laws to use in case of a dispute
  • Parcel Number: A unique 10-12 digit number assigned to a specific property for taxation purposes 
  • Severability: A standard clause stipulating that even if some parts of the agreement are found illegal or invalid, others may apply 
  • RESPA: Real Estate Settlement Procedures Act – a federal law prohibiting predatory lending 
  • Acceleration: A clause that ensures the lender immediately notifies the borrower in case of loan default
  • Notary Public: A person authorized to witness the signing of legally binding documents 
  • Lien: A right to keep the property of another person under stipulated circumstances 

Mortgage Agreement Signing Requirements

For the Mortgage Agreement to be legally enforceable, all parties named in the contract must sign the document. Everyone must read and review the document thoroughly before signing, as mistakes can lead to problems later. 

Also, all parties must sign the Mortgage Agreement in front of a Notary Public. Consulting with a property lawyer in the process is also advisable. 

What to Do With Your Mortgage Agreement

After the Mortgage Agreement has been reviewed and signed, you should file it with the County Record's Office. Once the document is registered, it will be available for public viewing, and you can always verify the current lien on the property.

Frequently Asked Questions

In some states, lenders use the Deed of Trust and Mortgage Agreement to achieve the same purpose. These documents protect the lender if the borrower defaults on their loan. 

But there are a few notable differences, such as the number of parties involved. A Mortgage Agreement is usually between the mortgagor and the mortgagee, although it can include the Guarantor. 

On the other hand, the Deed of Trust always has three parties – the lender, borrower, and trustee. Furthermore, in property repossession, the Mortgage Agreement becomes a part of a litigation process, whereas the Deed of Trust does not.

You sign the Mortgage Agreement along with all other closing documents. When homebuyers are closing on the property, this is called "closing appointment." Borrowers will need to sign many documents that day, including the Mortgage Agreement.

In short – no. The lender needs the Mortgage Agreement as a security source to be repaid in some form, even if the borrower can't pay any longer. 

Without the Mortgage Agreement, lenders are unlikely to risk issuing a loan as they don't have a clear path to potential property foreclosure. 

Every well-written Mortgage Agreement must contain legal protections against predatory practices from banks and any other type of lender.

The U.S. government regulates the mortgage industry and has laws that protect the right of mortgagors. The Mortgage Disclosure act is one crucial piece of legislation as it forces lenders to provide specific information.

Also, the Real Estate Settlement Procedures Act requires mortgagees to provide precise information on the total cost of the loan. 

When the mortgagor fully repays the amount they owed to the mortgagee, they are entitled to the Satisfaction of Mortgage. 

This is a document issued by the lender. It acknowledges, in writing, that all the Loan Agreement terms are met. Other names for this document are Mortgage Lien Release and Release of Mortgage.

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Applicable to all 50 states
Applicable to all 50 states

Our documents are vetted by lawyers and are applicable to all 50 states.