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FinancingMortgage_as_security_instrumentMEDIUM

Sandra is purchasing a home in Iowa City and her lender requires a mortgage as the security instrument. Sandra asks her agent whether the lender will hold title to her home during the repayment period. Which statement correctly describes Iowa's mortgage theory and the lender's interest in the property?

Correct Answer

B) Iowa follows lien theory, so the borrower retains legal title and the lender holds a lien as security.

Iowa is a lien theory state. Under lien theory, the borrower (mortgagor) retains legal title to the property throughout the loan repayment period. The lender (mortgagee) does not hold title but instead holds a mortgage lien—a security interest in the property. If the borrower defaults, the lender must foreclose judicially to enforce the lien and obtain the property, as required by Iowa Code Chapter 654.

Answer Options
A
Iowa follows title theory, so the lender holds legal title to the property until the mortgage is paid in full.
B
Iowa follows lien theory, so the borrower retains legal title and the lender holds a lien as security.
C
Iowa follows intermediate theory, so title transfers to the lender only upon default by the borrower.
D
Iowa follows title theory, so a trustee appointed by the lender holds title until the loan is discharged.

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Related Topics & Key Terms

Key Terms:

lien_theorymortgageborrower_titleiowa_specifictitle_theory_trap

Related Concepts

The debt-to-income ratio (DTI) compares a borrower's monthly debt obligations to their gross monthly income. It is used by lenders to determine how much mortgage a borrower can afford.

In the context of foreclosure, a deed transfers ownership of the foreclosed property to the new owner, typically the buyer at a foreclosure sale.

Discount points are upfront fees paid to a lender at closing to reduce (buy down) the interest rate on a mortgage loan. One point equals 1% of the loan amount and typically reduces the rate by approximately 0.25%.

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