What is the process of a mortgagee sale?

The borrower grants the bank a mortgage over his or her property. If the borrower repays the debt secured by the mortgage, the mortgage is discharged. If not, the bank can sell the property to recover the money it is owed. This is called a mortgagee sale.

Can a mortgagee sell the property?

Sale of mortgage property by mortgagee In order to sell the mortgaged property in the event there is default in payment of mortgaged-money, the mortgagee either needs to obtain order from Court or can be done without intervention of court.

What happens when you sell a house that is mortgaged?

When you sell your home, the buyer’s funds pay your mortgage lender and cover transaction costs. The remaining amount becomes your profit. That money can be used for anything, but many buyers use it as a down payment for their new home.

How does mortgagee in possession work?

A mortgagee in possession is a lender who has exercised its right to take control of a property due to nonpayment of the mortgage. The mortgagee (lender) owns the home, and can sell it or take any other action they wish to recoup the money lost by the mortgagor (borrower) who failed to repay the mortgage.

Who is the client in a mortgagee sale?

In terms of the rules and Act, a mortgagee sale is just like any other sale. The mortgagee is your client, and you have a fiduciary duty to act in their best interests.

How can a mortgaged property be sold?

Since all the original property documents are in the custody of the lender until the loan is closed, one can sell a mortgaged property with the process stated below. Loans availed to purchase immovable properties typically require the property to be mortgaged to the lending institution.

Can mortgagee sell mortgaged property without involving court of law?

A mortgagee can take possession of mortgaged property in case of default. Under the Transfer of Property Act, if there is default in payment of mortgage money, the mortgagee can take possession of mortgaged property and sell it without intervention of a Court only in case of English mortgage.

What happens when you sell a house before the mortgage is paid off?

A prepayment penalty is a fee you may have to pay if you sell before your loan is paid off. Prepayment penalties are less common than they once were, and some prepayment penalties only cover a specific period of time — say, if you sell within five years of buying.