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Which security instrument is primarily used in Delaware real estate transactions to secure a mortgage loan?

Correct Answer

A) A mortgage, with the borrower retaining title

Delaware is a mortgage state, meaning that when a borrower obtains a real estate loan, a mortgage is used as the security instrument rather than a deed of trust. Under a mortgage, the borrower (mortgagor) retains title to the property while granting the lender (mortgagee) a lien on the property as security for the loan. If the borrower defaults, the lender must pursue judicial foreclosure to enforce the lien.

Answer Options
A
A mortgage, with the borrower retaining title
B
A deed of trust, with title held by a third-party trustee
C
Both mortgages and deeds of trust are equally common
D
A land contract, with the seller retaining title until payoff

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Related Topics & Key Terms

Related Topics:

judicial foreclosurelien theory vs. title theorydeed of trustmortgagor and mortgageeDelaware Court of Chanceryforeclosure process

Key Terms:

mortgage statesecurity instrumentjudicial foreclosuremortgagormortgageelien theory

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