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All lenders require borrower to mortgage the house to them
for the duration of the loan. This means that the legal title
to the house is assigned to the lender, but the borrower retains
the right to live there. When the loan has been fully repaid,
the lender has to reassign the house to the borrower. This
right to reassignment on repayment is know as the borrower's
'equity of redemption'.
The word 'equity' is also used to describe the difference
between the value of the house and the amount of the loan.
For example if a £150,000 house is bought with a 90%
mortgage, the borrower's equity of 10 % will be worth £15,000.
A borrower is said to have 'negative equity' if the loan is
more than the value of the property. This usually arises where
a property's value has dropped immediately after purchase.
Default
If the borrower defaults on payments, the lender is entitled
to sell the house to recover the loan. There may be problems
in removing the borrower to gain vacant possession and this
is usually the option of last resort for a lender. If a lender
does sell teh house, they are only entitled to keep the amount
owed and must pass on the balance of the sale price after
expenses to the borrower.
Guarantors
In some instances where the lender is concerned about the
borrower's ability to meet their commitments, the lender will
advance monies provided a guaranto stands behind the borrower.
The guarantor will then be responsible for payments if the
borrower defaults. A typical example would be a parent acting
asa guarantor for a student buying a flat.
Protection
Another way that lenders can protect their interests in your
property is by requiring you to take out certain financial
protection products, either through them or some other provider.
This could be mortgage payment protection insurance, which
provides money to continue meeting your payments for a period
of time should you be unable to work as a result of accident,
sickness or redundancy. Alternatively, it could be mortgage
protection life insurance, which provides a lump sum payout
designed to clear your mortgage debt if the main earner dies.
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