Topic > Mortgage Laws and Contracts - 1536

Each state in the United States varies significantly in its mortgage laws, both in the legal theory that informs mortgage contracts and in how the rights of creditors are balanced with those of borrowers. Despite these differences, mortgage laws in the United States can be traced back to American history. However, to better understand how mortgage fraudulent activity occurs, it is essential to trace the history of mortgage laws in the United States, including how states have adopted statutes that currently regulate real estate security instruments such as trust deeds and mortgages and what caused differences at that time. Required the borrower to redeem the property before or after foreclosure. The word mortgage comes from a French term meaning death pledge; therefore, the pledge ends when the property is seized or the obligation to pay the requested amount within a certain period is fulfilled (The free dictionary, 2013). The history of U.S. mortgage laws begins in medieval England, where mortgages were based on the title theory of mortgage law. The first English laws were derived from Roman civil and mortgage law (Kent, 1830). The debtor retained ownership while the creditor (lender) was entitled to the mortgage action (obtaining possession when the debtor defaulted). Kent, (1830) states that under civil law, a pledge cannot be exchanged without judicial approval except by special agreement. Under the title theory of mortgage law, a lender has the right to formal ownership of the property for the term of the mortgage (Kent, 1830). However, borrowers legally own the property during the terms of the mortgage under the lien theory (Gadow, 2000). During this period, all loan interest we......half of the card......you? EscrowHelp.com. Retrieved from http://www.escrowhelp.com/articles/20000317.htmlGhent, A. (2012). The historical origins of American mortgage laws. Housing Research Institute of America. Retrieved from http://www.housingamerica.org/RIHA/RIHA/Publications/82406_11922_RIHA_Origins_Report.pdf Kent, J. (1830). Commentaries on American Law (1826-30). The Laws of Nature and Nature's God, IV (6), lecture 57. Retrieved from http://www.lonang.com/exlibris/kent/kent-57.htmNewman v. Jackson. (1827). 25 US 570. Justia Center of the Supreme Court of the United States. Retrieved from http://supreme.justia.com/cases/federal/us/25/570/Obringer, L A. & Roos, D. (2002). How mortgages work. HowstuffWorks.com. Retrieved from http://home.howstuffworks.com/real-estate/mortgage.htmThe Free Dictionary. (2013). Mutual. The free dictionary.com. Retrieved from http://www.thefreedictionary.com/mortgage