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Which security instrument does Minnesota primarily use to secure a real estate loan, and what does this mean for title ownership during the loan period?

Correct Answer

B) A mortgage; the borrower retains legal title while the lender holds a lien on the property

Minnesota is a mortgage-theory state. The borrower (mortgagor) executes a mortgage as the primary security instrument, which creates a lien on the property in favor of the lender (mortgagee). The borrower retains legal title throughout the loan period. This distinguishes Minnesota from deed-of-trust states where a third-party trustee holds legal title.

Answer Options
A
A deed of trust; the trustee holds legal title until the loan is repaid
B
A mortgage; the borrower retains legal title while the lender holds a lien on the property
C
A land contract; the seller retains legal title until the full purchase price is paid
D
A deed of trust; the borrower retains equitable title while the trustee holds legal title

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Related Topics & Key Terms

Key Terms:

mortgagesecurity_instrumentlien_theorytitle_ownershipminnesota_specific

Related Concepts

A fixed-rate mortgage has an interest rate that remains constant for the entire term of the loan, resulting in equal monthly principal and interest payments throughout the life of the mortgage.

Foreclosure is the legal process by which a lender takes possession of a property when a borrower fails to make mortgage payments. It allows the lender to sell the property to recover the outstanding debt.

The loan-to-value ratio (LTV) is the percentage of a property's appraised value or purchase price (whichever is lower) that is being financed through a mortgage. LTV = Loan Amount / Property Value.

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