All About the Differences Between Registered and Equitable Mortgage

In this world of financial uncertainties, loans and mortgages have become essential ways to purchase a dream home. It is essential to know about different types of mortgages and the differences between them if you plan to take mortgages.

Are you wondering about the differences between a registered mortgage and an equitable mortgage? Find out all about it in this article.

What Is Equitable Mortgage?

An equitable mortgage is a type of mortgage where the agreement terms are determined by the two parties engaged in this process. Mutual discussions and consensus between the mortgagor and mortgagee will make the final call regarding the terms and conditions of such a mortgage.

An advantage of an equitable mortgage is that no government agencies or third parties are involved in the decision-making process. It is often considered a mortgage in the interest of justice under equity, which reduces requirements for legal procedures.

Borrowers willingly transfer their property to their lenders, creating a charge based on agreement rather than registration.

What Is Registered Mortgage?

A registered mortgage or deed of trust is an arrangement whereby a borrower willingly gives complete ownership of his or her property to the lender. This happens if he or she fails to repay the loan and becomes a defaulter.

Once the borrower decides on a registered mortgage, the sub-registrars need to reach an agreement after getting the necessary approvals from the concerned authorities.

There is a heavy influence of third parties here, as it is necessary to take the sub-registrar's approval to finalise this agreement. The mortgagor and mortgagee must agree to abide by the terms and conditions set by the third parties.

Banks, therefore, have a higher right than the main parties in such a type of mortgage.

What Is the Difference Between Equitable and Registered Mortgage?

As you can see, equitable and registered mortgages are not similar. The following table will help you understand the registered vs equitable mortgage terms if you plan to take one.

Parameters	Equitable Mortgage	Registered Mortgage
Registration	This type of mortgage does not require any formal registration. There is only an informational agreement.	One must register this type of mortgage in legal terms.
Process	A property buyer must purchase stamp paper to complete this process.	The property buyer must contact the sub-registrar's office and purchase a stamp paper.
Expenses involved	The stamp duty expenses range between 0.1%-0.2%v of the total home value. The expense is therefore lower.	The expense is much higher. Stamp duty is almost 5% of the total loan or home value.
Lender’s rights	The lender has the right to take over your mortgaged home if you fail to pay the loan and become a defaulter. They can auction the property to recoup its loss.	If you cannot pay your loan and become a defaulter, your property directly goes under the ownership of the financial institution. They can either sell it or use it.
Risks	Such types of mortgages have relatively higher risks. This is mainly because an informal agreement binds both parties, and no legal terms are associated with it.	There is considerably higher security and lesser risks here. There are legal provisions for both lenders and borrowers, so there is no chance of exploitation.

While there are multiple differences between registered and equitable mortgages, one can observe a few similarities between these two as well. For instance, lenders are likely to take your original property documents in both cases. They will return them to you once you repay your entire loan amount.

Moreover, in both cases, your property will be usurped by the lending institution if you become a defaulter. Therefore, there might be these similarities between these two types of mortgage. However, you need to be careful while choosing the type of mortgage.

Which Type of Mortgage Is Better?

While selecting a type of mortgage, you must analyse your needs and requirements. An equitable mortgage will be the perfect fit for you if you are looking for an easy and economical mortgage. Particularly, you can use this type of mortgage if you have a connection with the lender or know them personally.

This type of mortgage is much more affordable. The stamp duty and registration charges are much lower. Hence, you might consider an equitable mortgage if you face a financial problem.

On the other hand, a registered mortgage is much safer. It helps you find the most genuine lenders and have legally binding contracts. If anything goes out of the agreement, you can easily take legal steps against it. When it comes to properties and their future, it is always preferable to seek secured means.

Apart from that, registered mortgages are easy to find. Most banks prefer this kind of mortgage. As both parties share all the legal documents and evidence, keeping track of the process becomes easier. You will not be exploited in this process.

Therefore, as this piece pointed out, there are multiple differences between a registered mortgage and an equitable mortgage. While the former maintains legal security, the latter is faster and more cost-effective. It would help if you considered your needs and preferences when taking a mortgage option.

Frequently Asked Questions

✓ How is an equitable mortgage created?

Generally, a written deed creates an equitable mortgage on immovable property. The deed proves that the mortgagor is depositing the property with the mortgagee during the loan period.

✓ Do banks prefer equitable or registered mortgages?

Banks usually prefer registered mortgages. Even though there are multiple benefits of an equitable mortgage, there is a lack of legal procedure here. On the other hand, registered mortgages maintain proper documentation and legal activities.