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In summary
- A mortgage is a secured arrangement where property is offered as collateral for a loan
- The borrower generally retains possession of the mortgaged property during the repayment period
- Principal, interest, tenure and EMI are key components of a mortgage
- Before approval, the lender assesses the borrower's eligibility, credit profile, income, and property value
- Timely repayment can help maintain a healthy credit history
What is a mortgage?
A mortgage is a legal transaction where an interest in a specific immovable property is transferred as security for repayment of money advanced or to be advanced, an existing or future debt, or an obligation that may result in financial liability.
For example, if a person takes a loan by offering a house as security, the property may be mortgaged in favour of the lender. The borrower remains responsible for repaying the loan according to the agreed terms.
Under the Transfer of Property Act, 1882, the person who creates the mortgage is called the mortgagor, while the person in whose favour the mortgage is created is called the mortgagee.
How does a mortgage work?
A mortgage works by using an interest in a property as security for a loan or other financial obligation. The borrower agrees to repay the amount according to the loan terms, while the lender receives a security interest in the property. If the borrower fulfils the repayment obligations, the mortgage is released. If the borrower defaults, the lender may have legal rights to enforce the security, subject to the applicable agreement and law.
The mortgage process generally involves the following steps:
- Loan agreement
The borrower and lender agree on key terms such as the loan amount, interest rate, repayment schedule, tenure, applicable charges and conditions for default. - Property as security
The borrower offers an eligible property as security for the borrowing. The mortgage creates an interest in the property in favour of the lender, while the borrower's rights over the property remain subject to the mortgage terms. - Loan disbursal and repayment
Once the required legal, technical and financial checks are completed, the loan may be disbursed. The borrower then makes repayments towards the outstanding principal, interest and applicable charges as agreed. - Default and enforcement
If the borrower fails to meet the repayment obligations, the loan may be treated as being in default. Depending on the mortgage, loan agreement and applicable law, the lender may take steps to enforce its security and recover the outstanding amount. A mortgage does not automatically mean that the lender can simply take ownership of the property. - Repayment and release of mortgage
After the borrower fulfils the secured obligation, the mortgage can be redeemed or released according to the applicable process. The borrower should obtain the relevant closure documents and ensure that the lender's security interest is appropriately released.
Types of mortgage in India
The Transfer of Property Act, 1882 recognises different types of mortgages. These include simple mortgage, mortgage by conditional sale, usufructuary mortgage, English mortgage, mortgage by deposit of title deeds and anomalous mortgage.
| Type of mortgage | Key feature |
|---|---|
| Simple mortgage | The borrower does not deliver possession of the property and personally agrees to repay the mortgage-money. |
| Mortgage by conditional sale | The transaction involves a conditional sale structure subject to the terms specified in the mortgage. |
| Usufructuary mortgage | The mortgagee may receive possession and appropriate rents and profits from the property towards the mortgage terms. |
| English mortgage | The transaction follows the structure prescribed for an English mortgage under the applicable law. |
| Mortgage by deposit of title deeds | Title documents are deposited with the creditor with the intention of creating security over the property. |
| Anomalous mortgage | A mortgage that does not fall within the specified categories is treated as an anomalous mortgage. |
Key components of a mortgage
A mortgage consists of several key components that define the borrowing arrangement and the security provided to the lender. Under the Transfer of Property Act, 1882, a mortgage involves an interest in specific immovable property being used to secure repayment of money or another financial obligation.
- Principal amount: The amount borrowed by the borrower
- Interest rate: The cost charged by the lender for providing the loan
- Tenure: The period over which the borrower is expected to repay the loan
- Repayment schedule: Specifies the frequency and amount of repayments
- Collateral: The property offered as security for the borrowing
- Mortgagor: The person who provides the property as security
- Mortgagee: The lender or person in whose favour the mortgage is created
- Mortgage deed: The legal document recording the mortgage terms, where applicable
- Redemption: The process of releasing the mortgage after the secured obligation is fulfilled
Mortgage loan by Bajaj Finance
Bajaj Finance offers a mortgage loan in the form of a loan against property, where an eligible residential or commercial property is mortgaged as security against the loan. Borrowers can use the funds for various personal or business-related financial requirements, subject to the applicable terms. The loan amount can go up to Rs. 15.50 crore, depending on factors such as property value, income and repayment capacity.
Features and benefits of loan against property
- Loan amount of up to Rs. 15.50 crore* -Manage your urgent financial needs with a sizeable loan amount of up to Rs. 15.50 crore sanctioned based on your mortgaged property.
- Low interest rates - Our loan against property comes with affordable interest rates starting from 7.5% to 14.25% (fixed or floating rate of interest) p.a.
- Disbursal in 72 hours* - Get money in your bank account within 72 hours*- of the approval & subject to receipt of all applicable documents and basis risk policy.
- Tenure of up to 15 years* - You can repay your loan amount conveniently with a repayment tenure ranging up to 15 years.
- Multiple end-use options - With no end-use restrictions, use the loan amount for an emergency or pay for wedding expenses, higher education or business expansion.
Whether you’re expanding your business or funding your child’s education, Bajaj Finance Loan Against Property can help you meet your financial needs while continuing to use your property. Get a loan of up to Rs. 15.50 Crore* against your property, with disbursal within 72 hours of approval, subject to applicable terms and conditions.
Process of applying for a mortgage by Bajaj Finance
Follow these steps to apply for a mortgage loan by Bajaj Finance:
- Enter your personal details
Provide your basic personal information to begin the application. - Provide property details
Enter the required details about the property you plan to offer as security. - Check your eligibility
Check your eligibility in a few seconds without impacting your credit score. - Review your loan offer
Review the loan amount, interest rate, tenure and other offer details. If everything looks suitable, proceed with the application.
Eligibility criteria for a mortgage loan by Bajaj Finance
Below is the eligibility criteria for a mortgage loan by Bajaj Finance:
| Nationality | You must be an Indian citizen residing in India with property in a city we operate in. |
| Age | Minimum age: 21 years* (18 years for non-financial property owners) Maximum age: 85 years (including non-financial property owners) *Age of the individual applicant/ co-applicant at the time of loan maturity. *Higher age of co-applicant may be considered up to 95 years basis 2nd generation (legal heir) meeting age norms and to be taken as co-applicant on loan structure. |
| CIBIL Score | A CIBIL Score of 650 or higher is ideal to get an approved loan against property |
| Occupation | Salaried, self-employed professionals like doctors, and self-employed non-professionals are eligible to apply. |
A mortgage is a legal arrangement that uses an interest in immovable property as security for a loan, debt or other financial obligation. It is different from an outright sale because its primary purpose is to secure repayment. Understanding the type of mortgage, repayment obligations, documentation, default provisions and right of redemption can help borrowers make informed property-financing decisions.
*Terms and conditions apply.
Frequently Asked Questions
Overview
Types and Components
Loan Repayment
What is a mortgage in simple words?
A mortgage is a secured financial arrangement in which a borrower uses immovable property as collateral for a loan. The borrower generally continues to own and possess the property while making the required repayments. The lender holds a security interest in the property until the loan is fully repaid. If the borrower defaults, the lender may take recovery action according to the applicable agreement and law.
Is a mortgage a loan?
A mortgage is commonly associated with a secured loan, but technically the mortgage refers to the security interest created over the property. The loan provides the borrowed funds, while the mortgage gives the lender security against the property. The borrower agrees to repay the loan according to the agreed terms. After repayment, the lender releases its security interest through the applicable process.
What is the purpose of a mortgage?
A mortgage allows a borrower to use property as security to obtain financing. It can be used for property purchase financing or for borrowing against an existing property, depending on the product and arrangement. Because the lender holds the property as security, borrowers may access larger amounts than with some unsecured credit options. The exact loan purpose depends on the product and lender's terms.
What are the different types of mortgages in India?
Common types of mortgages include simple mortgage, usufructuary mortgage, English mortgage, equitable mortgage and registered mortgage. Each type has different legal characteristics relating to possession, transfer of interest, documentation and repayment. The appropriate structure depends on the nature of the transaction and applicable legal requirements. Borrowers should understand the terms of the mortgage agreement before creating security over their property.
What are the main components of a mortgage?
The main components include the principal, interest, tenure, EMI and collateral. The principal is the amount borrowed, while interest is the cost of borrowing. Tenure refers to the repayment period. EMI is the regular instalment paid towards the loan. The property acts as collateral and provides security to the lender. Together, these factors determine the borrower's repayment obligation.
What happens after a mortgage is fully repaid?
Once the borrower repays the outstanding loan according to the agreement, the lender's security interest in the property is discharged through the applicable process. The borrower can then hold the property without the lender's outstanding claim, subject to completion of required documentation and legal formalities. After repaying the loan, borrowers should obtain the relevant closure and release documents from the lender.
What happens if I default on a mortgage?
If a borrower fails to make repayments as agreed, the account may become overdue, and additional charges may apply according to the loan terms. Continued default can affect the borrower's credit profile and may lead to recovery proceedings. Because the property serves as security, the lender may enforce its security rights and take steps to recover the outstanding dues under applicable law.
What is the difference between a mortgage and a Loan Against Property?
A mortgage is the security arrangement created over property to secure an obligation. A Loan Against Property is a secured loan product in which an existing property is used as collateral to raise funds. The loan amount can generally be used for permitted personal or business requirements. Therefore, a mortgage describes the security mechanism, while Loan Against Property refers to a financial product.
Can I use an existing property to get a mortgage loan?
Yes, eligible existing property can be used as security for certain secured loan products. A lender generally assesses the property's legal ownership, market value, location, and documentation, along with the borrower's income, credit profile, and repayment capacity. A Loan Against Property allows eligible property owners to borrow against an existing residential or commercial property for permitted financial needs, subject to applicable terms.
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