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deed to secure debt. A type of mortgage used in a few states. The title to the property is transferred to the lender until the debt is paid in full.
A security deed is the most common form of securing a financing instrument for real estate loans. Lenders prefer security deeds over mortgages because a mortgage creates only a lien on the property, whereas the security deed is an outright transfer of title to the property to the lender to secure the debt.
They serve different purposes and are signed by different parties. The warranty deed transfers the property's ownership from the current owner to the new buyer, while the deed of trust ensures the lender has interest in the property in the event a buyer defaults on the loan.
The foreclosure process is one of the biggest differences between a security deed and a mortgage. It is typically much faster under a security deed than a mortgage. Under a security deed, the lender is automatically able to foreclose or sell the property when the borrower defaults.
When a home is sold, refinanced by a different company, or the loan paid off, the bank sends in a Cancellation which means the debt is satisfied and they no longer have a mortgage on the property.
The Court also held that the statute of limitations on a claim under a security deed is 21 years, if the security deed is a sealed instrument under Georgia law.
When a home is sold, refinanced by a different company, or the loan paid off, the bank sends in a Cancellation which means the debt is satisfied and they no longer have a mortgage on the property.
Mortgage cancellation typically means that a lender has cancelled, or forgiven, the debt owed by the borrower. Lenders rarely cancel an entire mortgage. It is more common for a lender to cancel part of the remaining mortgage debt as part of a debt consolidation or restructuring process.
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