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Commonly Asked Questions about Legal Mortgage Forms

Promissory Note Vs. Mortgage. A promissory note is a document between the lender and the borrower in which the borrower promises to pay back the lender, it is a separate contract from the mortgage. The mortgage is a legal document that ties or secures a piece of real estate to an obligation to repay money.
An equitable mortgage is a common-law concept where the borrower pledges property as collateral without registering the mortgage with a government agency. A registered mortgage is a legal document where the charge on the property is created and recorded with a government agency.
Generally speaking, a mortgage is an official agreement between a lender and a homebuyer to use the property as security to buy a home. The type of document and requirements may vary by state or loan type. For example, in some states you may use a security deed and in other states a deed of trust.
A legal mortgage in some states requires that the lender be the legal owner of the property until the borrower completes repayment on the mortgage. An equitable mortgage is a mortgage that does not meet the jurisdictions legal mortgage requirements.
A mortgage agreement is a legally binding contract outlining the terms and conditions of a mortgage loan between a lender and borrowers in a specific place. These agreements establish the legal relationship between the parties and govern how the mortgage loan will be managed throughout its term.
A mortgage application is a document submitted to a lender when you apply for a mortgage to purchase real estate. The application contains extensive information, including details about the property being considered for purchase, the borrowers employment history, and financial situation. Mortgage Application: What It Is, How It Works - Investopedia investopedia.com terms mortgage-applic investopedia.com terms mortgage-applic