Mortgage

Description:

A mortgage is a pledge of real estate as collateral to a note. A mortgage instrument almost always includes a copy of the note attached to it, or at least a reference to the note.

A mortgage usually includes the following:

Recording Information, so that the lender can record the mortgage at the office of the recorder and notify the world that there is a lien on the property. Without this recording, no one else would know of the existence of the lien and the owner could attempt to sell the property or borrow more money from an unknowing party.

Patricipants, the borrower-mortgagor and the lender-mortgagee.

Pledge, usually the pledge of the property's fee simple ownership.

Property Description, or the legal description of the property. Most mortgage forms also include the pledge of all buildings on the property currently and in the future, along with many other items such as rents, property rights, etc.

Covenant of Seisin, a clause stating that the borrower has title to the property and the authority to pledge the property as collateral. It also specifices that the borrow warrants, or guarauntees, the title, which is often included but not of much practical use in the case of default.

Note Attachment. The note is usually attached or at least referenced in the mortgage.