The mortgagee is the lender who provides a loan and takes a security interest in the property of the borrower as collateral. The mortgagee has certain rights and liabilities in a mortgage transaction. Below are some of the key rights and liabilities of a mortgagee:
Rights of the Mortgagee
- Right to foreclose: The mortgagee has the right to foreclose on the property and sell it to recover the loan amount in case the mortgagor defaults on the loan.
- Right to receive payment: The mortgagee has the right to receive the loan payment as per the terms of the mortgage agreement.
- Right to inspect the property: The mortgagee has the right to inspect the property to ensure that it is being maintained in good condition.
Liabilities of the Mortgagee
- Liability to return the property: The mortgagee is liable to return the property to the mortgagor once the loan is fully repaid.
- Liability for wrongful foreclosure: The mortgagee is liable for wrongful foreclosure if they foreclose on the property without following the legal procedures or if they do not have a valid claim on the property.
- Liability for damages: The mortgagee is liable for any damages caused to the property while it is under their possession.
- Liability for insurance: The mortgagee may be liable for maintaining adequate insurance on the property to protect their interests..
