A Mortgage by deposit of title deeds is called:
A. Anomalous mortgage
B. English mortgag
C. Equitable mortgage
D. Usufrcturary mortgage
Answer: Option C
Solution(By Examveda Team)
Equitable Mortgage:An equitable mortgage is a mortgage where the transfer of the property is not registered formally, but instead, the lender holds the title deeds as security for the loan.
Explanation of Correct Option (C):
A mortgage by deposit of title deeds is a type of equitable mortgage. This is because the actual transfer of ownership of the property isn't legally documented through a formal deed of mortgage. Instead, the lender possesses the title deeds as evidence of the mortgage agreement, giving them an equitable interest in the property. The borrower retains legal ownership, but the lender’s possession of the title deeds provides a strong claim should the borrower default on the loan.
Why other options are incorrect:
Option A: Anomalous mortgage – This is not a standard legal term used to describe a mortgage created by depositing title deeds. An anomalous mortgage may exist in specific jurisdictions but isn't the standard terminology for a mortgage created by the deposit of title deeds.
Option B: English mortgage – An English mortgage involves an absolute transfer of ownership to the mortgagee (lender), with a condition that the ownership is transferred back to the mortgagor (borrower) upon repayment of the loan. This differs significantly from a deposit of title deeds where the transfer of ownership is not absolute.
Option D: Usufructuary mortgage – A usufructuary mortgage involves the lender having the right to enjoy the fruits or income generated by the property during the mortgage tenure. While it's a type of mortgage, it doesn't directly relate to a mortgage created by depositing title deeds. The focus is on the use and income from the property, not simply the deposit of the title deeds as collateral.
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