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calenderMay 21, 2024

What is a Mortgage Deed and why is it required?

When you're on the path to buying a home, you'll come across various documents, terms and processes that can be daunting. One of the most essential documents in this process is the mortgage deed. But what is a mortgage deed, and why is it so vital for both borrowers and lenders?

A mortgage deed is a legal document that secures a Loan Against a Property. It clearly defines the rights and obligations of both the borrower and the lender, and it plays a crucial role in the legal transfer of property ownership should the loan not be repaid as per the agreed terms. This document is a key part of the Home Loan documents list, ensuring that all parties are aware of their commitments and the legal ramifications of the mortgage agreement.

Key components of a mortgage deed

A mortgage deed incorporates several vital elements that make it legally enforceable. These elements ensure all parties involved have a clear understanding of their rights and responsibilities. Here's what every mortgage deed generally includes:

1. Parties involved: The mortgage deed must list all parties involved in the loan agreement, including the lender, borrower, any intermediaries and guarantors.
2. Deed description: This section should detail the mortgage deed itself, noting the date it was signed, the date it was registered, and any other pertinent information.
3. Property details: The deed should clearly identify the property subject to the mortgage, including both the address and a legal description of the property.
4. Recital: This part of the deed outlines the purpose of the document and the reasons why all parties have agreed to enter into the mortgage agreement.
5. Covenant for repayment: This covenant details the terms of the loan, including the principal amount, the interest rate, the repayment schedule, and any applicable fees or penalties.
6. Mortgage clause: This clause specifies the lender’s rights and remedies if the borrower defaults on the loan, including the right to foreclose on the property.
7. Possession terms: The deed should state who will have access to the property and who is responsible for its maintenance. It’s important to understand the terms of possession before signing the deed.

When is a mortgage deed required?

A mortgage deed is vital for both the lender and borrower in a mortgage loan transaction. It is needed whenever money is loaned for purchasing property, serving as proof that the borrower is the rightful owner and legally authorising the lender to repossess the property if repayments are not made. The deed protects both parties by detailing the lender’s recourse in cases of non-payment and ensuring the lender has a secure method of repayment.

Conclusion

Grasping the concept of a mortgage deed and its role in securing Home Loans is essential for anyone looking to become a homeowner. It serves as a key tool in securing the loan and protecting the rights of both the borrower and the lender. With competitive Housing Loan interest rates and thorough support throughout the Home Loan application process, Axis Bank emerges as a dependable ally on your path to homeownership.

Also Read: 10 easy steps for the Home Loan application process

Axis Bank Home Loan offers loan amounts up to ₹5 crore. With loan tenures stretching up to 30 years and appealing interest rates of 8.75% to 9.15% p.a. for floating rates, and a fixed rate at 14% p.a., Axis Bank makes financing your home stress-free. Whether purchasing your initial home or investing in property, Axis Bank Home Loan delivers a trustworthy and effective service customised to fulfil your financial requirements and assist you in acquiring the home of your dreams.

Disclaimer: This article is for information purpose only. The views expressed in this article are personal and do not necessarily constitute the views of Axis Bank Ltd. and its employees. Axis Bank Ltd. and/or the author shall not be responsible for any direct / indirect loss or liability incurred by the reader for taking any financial decisions based on the contents and information. Please consult your financial advisor before making any financial decision