Who owns the property in Florida when there is a mortgage?

November 11, 2023

You can't learn about real estate without becoming familiar with mortgages and their role in homestead ownership. Countless homeowners in the state of Florida have taken a mortgage to purchase their property. Others have put their current home on a mortgage to borrow a specific amount of money, a move that can be stressful at the best of times.

How Does Mortgage Work?

When taking a mortgage, borrowers receive enough money to cover the price of a real estate property. As per the mortgage agreement, they commit to paying the loaned amount in fixed parts, usually via monthly deposits.

We probably don't need to tell you that buying a new house represents a huge financial expense for most people, often taking the bulk of a person's life savings. When buyers don't have the means to match the value of the house in cash, they take a mortgage to cover part of the cost. In most cases, this means using the mortgage money to cover the amount that remains after you make the down payment. A down payment represents the amount of money buyers transfer at the beginning of the transaction to show their commitment to the purchase.

When discussing the loan, mortgage holders will look at your budget, your monthly expenses, and even your family's income. Then, they will list the terms of the loan depending on your qualifications.

On that note, what exactly is a mortgage holder?

Different services could take the role of the mortgage holder in a real estate transaction, but banks and mortgage companies are the two main options people turn to before buying a real estate property. Buyers borrow a specific amount of money from these entities using the property as collateral.

In other words, mortgage holders enforce the loan terms and receive the payments as scheduled. The property belongs to the buyer, but lenders can still take it away if the owner falls short on the payment.

About Ownership Rights

The property itself legally belongs to the borrower as long as all home loans are paid on schedule. In other words, you have full ownership rights over the property you've purchased as shown during the title transfer. Still, you need to keep up with your monthly mortgage payments if you want to hold on to those rights.

One of the main purposes of title searches is to find liens on a property title. Mortgages are liens held by the lender. If a title has an unpaid claim, your ownership is shaky until you've paid the debt. This remains true for new owners after they get a hold of the title, whether the transfer results from a regular closing or an inheritance. As the new owner, however, you'd have the right to refinance or sell an inherited property after covering the mortgage debt.

Things To Consider Before Applying for a Mortgage Loan

Since the lender will provide the money, you can expect your mortgage holder to offer a number and explain the calculations based on the information you provide. Still, getting the assistance of a real estate professional is the best way to avoid debt and liens on your home.

There are many costs attached to your mortgage payment, like insurance and property taxes. A real estate specialist will take all these variables into account when calculating the amount you'll be expected to pay after taking a mortgage.

Also, the mortgage holder will look at your credit history, income, and regular expenditures. This is done to ensure that borrowers can stay on top of their monthly payments and to avoid financial loss for the lenders. If your credit history is less than stellar, the assistance of a title and escrow company can help you prepare for your negotiations with the mortgage company.
They can also help you look into other alternatives if your financial status works to reduce your options for a mortgage agreement.

Another thing you need to look into: there are different types of mortgages and your financial situation could make you qualify for more than one of them.

According to Bankrate, there are 5 main types of mortgage loan:

• Conventional loan


• Government-backed loan


• Jumbo loan


• Fixed-rate mortgage


• Adjustable-rate mortgage

Options like the conventional loan and the jumbo loan are ideal for those with specific preferences and the budget to match. Other types of mortgages can suit a modest budget much better, with adjustable-rate mortgages offering flexibility for buyers under irregular circumstances.

Your real estate agent will help you identify the pros and cons attached to each option, including some payment requirements that are easy to miss for new homeowners. A local company can also identify the availability of each option depending on the lender, since many mortgage holders in Florida focus their services on a specific type of mortgage.

All of this may sound complicated if you're navigating a home purchase process on your own, but mortgage loans don't have to be a cloud hanging over your head. Key Title & Escrow can help you identify the best option to suit your specific needs needs so you can fully enjoy your new property after the closing.

Do you want to secure the best support system before starting your real estate transaction? Key Title & Escrow is here to ensure a smooth process from beginning to end. Our experts are ready to assist you with everything you need. Come get specialized counsel for your mortgage agreement or refinance a property mortgage with the most reliable team in South Florida. You can contact us by calling (305) 235-4571 or toll-free at (800) 547-0006 to learn more about our services. Our contact form is also available to get answers to any of your real estate-related questions.