Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
August 20, 2010

Legal Mortgage

A mortgage contract is one of the most important contracts that you will probably make in your life. Most often it involves borrowing a large sum of money that requires a month-to-month commitment and conveying your assets to a lending institution, with a provision to have them returned to you after you have carried out your obligations.{{more}}

Mortgage contracts can be made with the security being made on the property you intend to buy or on any other real property you own. You can mortgage your property to obtain money for most legitimate reasons including building a house, buying land, or a business venture, among others, provided you get the approval of the lending agency. There are legal mortgages and equitable mortgages, but we will look at the legal mortgage, which is the common form in St. Vincent and the Grenadines.

Mortgage contracts are often made with financial lending institutions such as banks, building societies or credit unions. The approval of the institution depends on the security you put up. The assistance of a lawyer will be required to draft the mortgage document, which is a strictly legal document. Most lending institutions have their own lawyers to deal with this.

A search of the title of the property must first be carried out to find out whether there is any encumbrance such as a mortgage on the property. Lawyers’ clerks who peruse the deed books and receipt books carry out the search at the Land Registry. The Deed books contain original documents that were deposited at the Land Registry after the registration of deeds.

If there are no encumbrances, the lawyer proceeds to draft the deed of mortgage. Provision is made to convey the property to the mortgagee in the event of a default. The opening sentence of the deed gives the date and refers to the document as an “indenture”. This is an old word that is similar in meaning to the word “deed”. In the introductory paragraph the parties are identified. “The mortgagor” is the person who is taking the loan and “the mortgagee” is the institution that gives the loan. The expression “the mortgagor” includes the heirs, executor, administrator and assigns where the context admits. The expression “the mortgagee” includes its successors and assigns. After the names of the parties are given in the introduction, the words “mortgagor” and mortgagee are used thereafter instead of the names of the parties.

The introduction is followed by recitals that would touch on the important terms and conditions of the contract. It would refer to the status of the title, for example, it states that the mortgagor has the power to make the contract because he or she has an estate in fee simple free from encumbrances and that the deed was registered in the Land Registry on a stated date. The amount of money that is borrowed, the rate of interest and the agreed payment by installments are also recited.

Thereafter follows the covenants whereby the mortgagor covenants to do certain things, including that of conveying the property unto the use of the mortgagee. The mortgagee also gets the right to enter the property to view and to inspect the state and condition. One important element of the mortgage is the power of sale that is written into the contract where the mortgagor could sell the property for failure to observe certain covenants in the contract. Will continue with this next week. Enjoy.

Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Fuel under siege: the human cost of Washington’s energy pressure on Cuba
    Our Readers' Opinions
    Fuel under siege: the human cost of Washington’s energy pressure on Cuba
    Jada 
    May 6, 2026
    By Carlos Ernesto Rodríguez Etcheverry Cuban Ambassador to St. Vincent and the Grenadines On January 29, 2026, the U.S. government under President Don...
    Bishop saved from burning house
    Front Page
    Bishop saved from burning house
    Webmaster 
    May 5, 2026
    THE CHURCH COMMUNITY, the people of Chester Cottage, and the Bethel Gospel Assembly are among the numerous people who are sending up prayers for Bisho...
    White British travel vlogger blasted over iShowSpeed comments
    Front Page
    White British travel vlogger blasted over iShowSpeed comments
    Webmaster 
    May 5, 2026
    “WHAT DOYOUTHINK the narrative around this Ishowspeed Caribbean tour would be if he was white?” This question was posed by British content creator ‘tr...
    Teachers urged to take job seriously – Dr Friday
    Front Page
    Teachers urged to take job seriously – Dr Friday
    Webmaster 
    May 5, 2026
    TEACHERS in St Vincent and the Grenadines (SVG) have been asked to acknowledge that they have a responsibility when it comes to shaping young people, ...
    IMF official recommends modernised energy legislation for SVG
    Front Page
    IMF official recommends modernised energy legislation for SVG
    Webmaster 
    May 5, 2026
    THE INTERNATIONAL Monetary Fund (IMF) has concluded that a transition to renewable energy could significantly lower energy costs for households and fi...
    Opposition Leader defends API’s acting Director
    Front Page
    Opposition Leader defends API’s acting Director
    Webmaster 
    May 5, 2026
    FORMER PRIME MINISTER, now Leader of the Opposition Dr. Ralph Gonsalves, is of the opinion that the current administration has inflated the “genuine e...
    News
    VINLEC launches Environmental Health and Safety Awareness Month
    News
    VINLEC launches Environmental Health and Safety Awareness Month
    Webmaster 
    May 5, 2026
    ST.VINCENT ELECTRICITY Services Limited (VINLEC), launched their annual Environmental Health and Safety (EHS) Awareness Month on April 27, 2026 at the...
    Pastor advises VINLEC employees to lift their thinking
    News
    Pastor advises VINLEC employees to lift their thinking
    Webmaster 
    May 5, 2026
    THE LEAD PASTOR of the Kingstown Baptist Church(KBC), Cecil Richards, has advised workers at the St. Vincent Electricity Services Limited (VINLEC) not...
    Taiwan expresses concern after China calls the island biggest risk in US-China relations
    News
    Taiwan expresses concern after China calls the island biggest risk in US-China relations
    Webmaster 
    May 5, 2026
    IN A CALL with U.S. Secretary of State Marco Rubio on Thursday April 30, 2026 Chinese Foreign Minister WangYi urged the United States to “make the rig...
    Employers urged to take safety and mental health seriously
    News
    Employers urged to take safety and mental health seriously
    Webmaster 
    May 5, 2026
    THE RESOUNDING MESSAGE emanating from the observance of World Day for Safety at Work was the need for employers to take the matter of safety and healt...
    Arrest made in connection with murder of Vincentian in St Kitts
    News
    Arrest made in connection with murder of Vincentian in St Kitts
    Webmaster 
    May 5, 2026
    A MAN was formally charged on April 29,2026 in connection with the death of Vincentian Shamarie Baptiste, who was shot and killed at the Royal Kingdom...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok