What is an equitable mortgage?


Quick Answer

An equitable mortgage is a legal document secured by the lender using the original title documents of the property as security when the mortgage documentation was not property completed. If the mortgage is unpaid, the lender can foreclose or sell the property, even without the correct mortgage documents.

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Full Answer

An equitable mortgage generally results from improper signing or filing of mortgage documentation. If a mistake of this type is discovered, the courts can decide that the loan is an equitable mortgage, as the intent was to create a legal mortgage. If this is decided, the loan is enforceable.

A legal mortgage, on the other hand, is one in which all forms are properly filed.

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