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New York uses which security instrument for real estate loans?

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Question & Answer

Review the question and all answer choices

A

Deed of trust

Deed of trust is incorrect as it is used in title theory states, not New York. A deed of trust involves three parties: borrower, lender, and trustee, with the trustee holding title until the loan is paid, which differs from New York's mortgage approach.

B

Mortgage

Correct Answer
C

Land contract

Land contracts are installment sale contracts, not security instruments for loans. They involve seller financing where title transfers only after full payment, making them different from New York's mortgage system.

D

Trust deed

Trust deed is another term for deed of trust, which is not used in New York. This instrument is common in some states but not in New York's lien theory system.

Why is this correct?

New York uses mortgages as security instruments for real estate loans. In a mortgage, the borrower retains title while granting the lender a lien on the property as security for the loan. This aligns with New York's lien theory system where foreclosure requires a judicial process.

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