Distinguish between the following: Simple Mortgage and English Mortgage
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2019
Distinguish between the following: Simple Mortgage and English Mortgage
Answer & Explanation:
Simple Mortgage: In a simple mortgage, the mortgagor without delivering possession of the mortgaged property binds himself personally to pay the mortgage money and agrees expressly or impliedly that if he fails to pay the debt and interest in terms of the mortgage deed, the property may be sold and the proceeds applied in payment of the mortgaged money. It has following characteristics:- That the mortgagor must have bound himself personally to repay the loan. That to secure the loan he has transferred to the mortgagee the right to have the specific immovable property sold in the event of his having failed to repay. That the possession of the property is not delivered to the lender. English Mortgage: In an English mortgage, a mortgagor binds himself to repay the mortgaged money on certain date and transfers the mortgaged property absolutely to the mortgagee subject to the proviso that he will re-transfer it to the mortgagor upon payment of the mortgaged money as agreed. In this mortgage the borrower promises to repay the borrowed money on a certain date. The borrower transfers the property to the lender. The lender will re-transfer the property when the money is repaid. The mortgaged property is absolutely transferred to the mortgagee.
Topics: Transfer of Property Act
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