What is a “mortgage”?

Updated March 13, 2023.

The word “mortgage” is typically used to refer to a loan to buy real property. Technically, however, the document that evidences the borrowing of money is called a “Note” or a “Promissory Note”. The note outlines the terms and conditions of the loan. A “Mortgage”, on the other hand, is the document that ties the real property to the loan as collateral or security for the repayment of the loan. If the Note is not paid in accordance with the agreed upon terms, the Mortgage allows the lender to sell the real property in order to pay off the loan. Contrary to popular belief, the fact that the bank holds your mortgage does not mean that the bank “owns” your house. You own your house. The bank simply has the right to use the value in your house to pay off your obligation to them, if you fail to do so.

FEATURED NEWS AND ARTICLES

Read our latest news and blogs that discuss important legal issues.

power of attorney stamp
Why Is a Power of Attorney an Essential Part of Estate Planning?
Read More
patient in hospital
Understanding the True Value of Your Personal Injury Claim
Read More
past due statement
Advantages of Hiring a Collections Lawyer
Read More

Get in touch

Please do not provide any sensitive information (i.e. bank account information or social security number).

This field is for validation purposes and should be left unchanged.
Name(Required)
Why Choose Lacy Katzen

Our mission is to ethically serve our clients with excellence and teamwork each day.

experience
75 Years of Experience
best
Ten Attorneys Listed in Best Lawyers in America®
ranked
Ranked by Best Lawyers as a Best Law Firm®
super
Six Attorneys Named as Super Lawyers
college
One Attorney is a Fellow at the American College of Trial Lawyers