Title Theory Vs Lien Theory

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The laws that govern Connecticut foreclosures are found in the General Statutes of Connecticut Title 49 Mortgages and Liens. (CGS §§ 49-31d to j) provides to unemployed and underemployed borrowers to petition a court-ordered six-month security from mortgage foreclosure and to restructure the mortgage payments.

What is the title and lien theory?

A title theory is a formal document that serves as proof of ownership or a set of rights in a piece of property in which someone may have a legal share or equitable interest, and the debts place on the property compel the owner to pay the debt before the land can be sold. Under the lien theory, the mortgagee does not retain the security and is not qualified for possession, rent or profits of the promise. …show more content…

The difference between title theory and lien theory are the settlement requirements with lenders' and the borrower of what would happen in case the buyer is not capable of making the payments. Although, there is a vital distinction between title theory and lien theory is who will hold the title until the property the loan is paid off. The advantage in lien theory standing is the foreclosure processes could be easier for the borrower and more difficult for the lender than in a title theory because the buyer holds title to the land and not the lender.

What are the advantages and disadvantages of each theory? A lien theory and the title theory are an hypothecation agreement that has distinct advantages. The lien theory is frequently used and accepted by most states. However, the mortgage is binding the property, and debts existed previously in the home will deem to have an advantage over the mortgage …show more content…

However, active mortgage papers also possess an equal statutory impact as a title of trust for the mortgagee.

Adjustable Rate (ARM) or Variable Rate is usually presented as ARM loans to be quicker. Commonly, the introductory interest rate is lower than other comparable fixed-rate mortgage. However, the interest rate could change over a period of time, which means the monthly payment could change over time depending on the market status that might be up or down. As soon as the fixed-rate period expires, the future interest rates will be unpredictable. The ARM provides great protection against future rate explosion and those whom credit has declined during the 7-year period.

Graduated Payment Mortgage (GPM) begins with a low rate and increases over a period of time, it enables a buyer to be qualified for a loan who ordinarily not meet the requirement for a regular fixed-rate mortgage. Nevertheless, GPM comes with risk to meet the increase in payments in case severe deflation. The core contrast with GPM and ARM is that the borrower agrees that the payment will change. The ARM borrower, in in the contrary is regarding the flow of increase

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