Legal Mortgage Vs. Equitable Mortgage

A legal mortgage is one that fulfills all legal requirements for a mortgage, while an equitable mortgage does not fulfill these requirements but still operates as a mortgage. Those with specific mortgage questions should consult an attorney.

A legal mortgage occurs when the owner gives legal title of property to a creditor to secure payment of the owner's debt. In a typical mortgage, once the debtor pays off the debt, legal title to the property will revert to the original owner.

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Courts of equity evolved to redress injustices caused by legal courts' strict adherence to the law. Courts of equity thus recognize "equitable" mortgages, which occur when a transaction does not fulfill all legal requirements of a mortgage, but still looks and operates like a mortgage; in other words, property is offered to a creditor to secure debt.

Equitable mortgages generally operate like legal mortgages, but in case of default, the legal mortgage debt on a property receives satisfaction before that of any equitable mortgage. The equitable mortgage holder's rights to the property also dissolve if a third party that does not know of the equitable mortgage buys the property.