English Mortgage

Section 58 in The Transfer of Property Act, 1882

The three essential ingredients for a mortgage to be English mortgage are:-

·         The mortgagor binds himself personally to repay the mortgage debt on a certain day

·         The property mortgaged is transferred to the mortgagee and

·         This transfer is subject to the proviso that the mortgagee will re-transfer the property to the mortgagor upon payment of the mortgage money on the date fixed for repayment. 

 

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