Define: First Mortgage

First Mortgage
First Mortgage
Quick Summary of First Mortgage

A first mortgage is a loan obtained by an individual to purchase a house or property. It serves as a guarantee for the lender to recover their funds in case the borrower fails to repay. The borrower grants the lender a legal claim to the property until the loan is fully settled. The first mortgage holds the highest priority and must be repaid before any other loans.

Full Definition Of First Mortgage

A first mortgage is a type of mortgage that holds the highest priority over all other mortgages on the same property. It serves as a lien against the property to secure an obligation, such as a debt, and is terminated upon payment or performance according to specified terms. The first mortgage takes precedence over any subsequent mortgages and is the primary loan on the property. For instance, if a borrower obtains a first mortgage to buy a home, that mortgage takes precedence over any future mortgages the borrower may acquire on the same property. In the event of default, the lender of the first mortgage has the right to foreclose on the property and sell it to recover the outstanding loan balance. Overall, a first mortgage is a crucial financial tool for borrowers looking to purchase a property and secure a loan with the highest priority. It provides lenders with a sense of security and ensures that they will be repaid before any other lenders in the event of default.

First Mortgage FAQ'S

A first mortgage is a loan that is secured by a property and has priority over any other mortgages or liens on the property. It is typically the primary loan used to purchase a home.

When you obtain a first mortgage, the lender provides you with a loan to purchase a property. In return, you agree to make regular monthly payments, including principal and interest, over a specified period of time. If you fail to make the payments, the lender has the right to foreclose on the property.

The main advantage of a first mortgage is that it allows you to finance the purchase of a property without having to pay the full amount upfront. Additionally, first mortgages often have lower interest rates compared to other types of loans.

No, you can only have one first mortgage on a property. The first mortgage takes priority over any subsequent mortgages or liens on the property.

Yes, you can refinance your first mortgage to obtain better loan terms, such as a lower interest rate or longer repayment period. However, the refinancing process will involve closing costs and may require a new appraisal of the property.

If you default on your first mortgage by failing to make the required payments, the lender has the right to initiate foreclosure proceedings. This means they can take legal action to seize and sell the property to recover the outstanding loan amount.

In most cases, you cannot transfer your first mortgage to someone else without the lender’s approval. However, some lenders may allow you to transfer the mortgage to another person through a process called assumption, subject to certain conditions.

Yes, you can pay off your first mortgage early by making additional principal payments. However, some lenders may charge a prepayment penalty if you pay off the loan before a certain period of time.

Yes, you can use a first mortgage for purposes other than buying a home. Some people use first mortgages to finance home improvements, consolidate debt, or invest in other properties.

To qualify for a first mortgage, you typically need to have a good credit score, stable income, and a low debt-to-income ratio. Lenders will also consider factors such as the property’s value and your down payment amount. It is advisable to consult with a mortgage lender or broker to understand the specific requirements and options available to you.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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