Write notes on the following: (iii) Types of Mortgage.
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2017
Write notes on the following: (iii) Types of Mortgage.
Answer & Explanation:
The following are different kinds of mortgages: (a) 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 will be sold and the proceeds applied in payment of the mortgaged money. (b) Mortgage by Conditional Sale In a mortgage by conditional sale, the property is sold subject to the condition that on default in payment of the mortgaged money on a certain date the sale shall become absolute or that on such payment the sale shall become void or on such payment the buyer shall transfer the property to the seller. Possession of the property shall be with the mortgagee. (c) Usufructuary Mortgage In this mortgage, the mortgagor delivers possession of the mortgaged property to the mortgagee who retains the possession until the satisfaction of the debt. The mortgagee will take the usufruct in lieu of the interest or part payment of the principal or partly in payment of interest or partly in part payment of the principal. The mortgagor is not personally liable to pay the debt and the mortgagee is not entitled during the term of the mortgage to demand his mortgage money. (d) 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. (e) Mortgage by Deposit of Title Deeds Mortgage by deposit of title deeds is called in English law as equitable mortgage. It is an oral transaction and no documents like Deed of Mortgage is required to be executed. No written acknowledgement is required for creating this mortgage. (f) Anomalous Mortgage Anomalous Mortgage is a combination of any of the above forms of mortgage or any mortgage other than those set out above.
Topics: Property Law
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