Mortgage loan (definition)
A loan made by a lender to a borrower for the financing of real property. Source: OCC | ||
Federal Law | ||
means an extension of credit to a borrower that is secured by the primary residence of the borrower 20 USC 1078-2 | ||
State Law | ||
Alaska | ||
means a residential mortgage loan Alaska Statutes 06.60.990 | ||
Arizona | ||
means a loan secured by a mortgage or deed of trust or any lien interest on real estate located in this state created with the consent of the owner of the real estate Arizona Laws 6-901 | ||
means any loan, other than a mortgage banking loan, secured by a mortgage or deed of trust or any lien interest on real estate located in this state and created with the consent of the owner of the real estate Arizona Laws 6-941 | ||
California | ||
means a long-term loan which is secured by a mortgage and is made for permanent financing of residences, pursuant to this chapter California Health and Safety Code 33753 | ||
means any residential mortgage loan or multifamily rental housing loan California Health and Safety Code 51401 | ||
Delaware | ||
means an extension of credit secured by a first or secondary mortgage on any 1-to-4 family residential owner-occupied property intended for personal, family or household purposes, which is: | ||
means an interest-bearing obligation secured by a mortgage, and a note or bond which is a first lien on land and improvements in the State constituting single family or multi-family units Delaware Code Title 31 Sec. 4001 | ||
Florida | ||
means a financial obligation secured by a mortgage Florida Statutes 420.503 | ||
means an indebtedness of more than 10 years’ duration which is secured by a first real estate mortgage and which is not subject to part IX Florida Statutes 627.982 | ||
means any:
(a) Residential loan primarily for personal, family, or household use which is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling, as defined in… Florida Statutes 494.001 |
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Illinois | ||
means that term as it is defined in subsection (f) of § 1-4 of the Residential Mortgage License Act of 1987 Illinois Compiled Statutes 765 ILCS 77/70 | ||
Indiana | ||
means a loan in which a mortgage (or another equivalent consensual security interest) that constitutes a lien is created or retained against an interest in real property in Indiana Indiana Code 24-5-23.5-4 | ||
means a loan to provide permanent financing for:
Indiana Code 5-20-1-2 |
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means :
Indiana Code 28-15-11-8 |
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Iowa | ||
means a financial obligation secured by a mortgage Iowa Code 16.1 | ||
Kansas | ||
means a loan or agreement to extend credit made to one or more individuals which is secured by a first or subordinate mortgage, deed of trust, contract for deed or other similar instrument or document representing a security interest or lien, except as provided for in Kan Kansas Statutes 9-2201 | ||
Kentucky | ||
means an obligation secured by a mortgage, deed of trust, trust deed, or other consensual lien on real estate Kentucky Statutes 304.7-012 | ||
means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on residential real property or any loan primarily for personal, family, or household use that is secured by collateral that has a mortgage lien interest in residential real property Kentucky Statutes 286.8-010 | ||
Louisiana | ||
means an obligation secured by a mortgage, deed of trust, trust deed, or other consensual lien on real estate Louisiana Revised Statutes 22:601.1 | ||
Maine | ||
means an extension of credit made in consideration of a written promise of repayment or any other conditions which may be established by the agency, performance of which may be secured by a mortgage Maine Revised Statutes Title 38 Sec. 2211 | ||
Michigan | ||
means a financial obligation secured by a mortgage Michigan Laws 285.252 | ||
means a loan or home improvement installment contract secured by a first or subordinate mortgage or any other form of lien or a land contract that covers real property located in this state that is used as the borrower’s principal dwelling and is designed for occupancy by 4 or fewer families Michigan Laws 445.1632 | ||
means a loan secured by a first mortgage on real property located in this state and used, or improved for use, as a dwelling and designed for occupancy by 4 or fewer families or a land contract covering real property located in this state used, or improved for use, as a dwelling and designed for occupancy by 4 or fewer families Michigan Laws 445.1651a | ||
means a loan secured by a mortgage on real property designed for occupancy by 4 or fewer families, including an individual unit of a condominium or cooperative, a refinancing of an existing mortgage loan on real property designed for occupancy by 4 or fewer families involving an increase in the outstanding balance of the principal due, or a loan secured by a junior lien on real property designed for occupancy by 4 or fewer families undertaken for any purpose Michigan Laws 445.1601 | ||
Montana | ||
means a loan for the purchase of real property with any improvements located within this state that is to be used for residential purposes and that is based upon a written instrument approved by a federal agency and that is written in the form of a trust indenture Montana Code 90-6-602 | ||
means an interest-bearing obligation secured by a mortgage on land and improvements in the state Montana Code 90-6-103 | ||
means an obligation secured by a mortgage, deed of trust, trust deed, or other consensual lien on real estate Montana Code 33-12-102 | ||
Nebraska | ||
shall mean an interest-bearing obligation which may be secured by a mortgage or such other security as the authority deems appropriate Nebraska Statutes 58-218 | ||
New Hampshire | ||
shall mean an interest-bearing obligation secured by a mortgage New Hampshire Revised Statutes 204-C:1 | ||
New York | ||
shall mean a loan to a natural person made primarily for personal, family or household use, secured by either a mortgage or deed of trust on residential real property, any certificate of stock or other evidence of ownership in, and proprietary lease from, a corporation or partnership formed for the purpose of cooperative ownership of residential real property or, if determined by the superintendent by regulation, shall include such a loan secured by a security interest on a manufactured home;
(b) “Residential real property” shall mean real property located in this state improved by a one-to-four family dwelling used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to unimproved real property upon which such dwellings are to be constructed; (c) “Making a mortgage loan” shall mean for compensation or gain, either directly or indirectly, advancing funds, offering to advance funds, or making a commitment to advance funds to an applicant for a mortgage loan or a mortgagor as a mortgage loan; (d) “Soliciting, processing, placing or negotiating a mortgage loan” shall mean for compensation or gain, either directly or indirectly, accepting or offering to accept an application for a mortgage loan, assisting or offering to assist in the processing of an application for a mortgage loan, soliciting or offering to solicit a mortgage loan on behalf of a third party or negotiating or offering to negotiate the terms or conditions of a mortgage loan with a lender on behalf of a third party; (e) “Exempt organization” shall mean any insurance company, banking organization, foreign banking corporation licensed by the superintendent or the comptroller of the currency to transact business in this state, national bank, federal savings bank, federal savings and loan association, federal credit union, or any bank, trust company, savings bank, savings and loan association, or credit union organized under the laws of any other state, or any instrumentality created by the United States or any state with the power to make mortgage loans N.Y. Banking Law 590 |
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Ohio | ||
means a loan secured by a mortgage, deed of trust, or other security interest Ohio Code 902.01 | ||
Rhode Island | ||
means a loan, advance, guarantee, or other extension of credit from a lender to a mortgagor Rhode Island General Laws 27-6.1-3 | ||
South Carolina | ||
means a loan made to a natural person primarily for personal, family, or household use, primarily secured by a mortgage, deed of trust, or other security interest on residential real property or security interest arising under an installment sales contract or equivalent security interest against the borrower’s dwelling and: (i) located in South Carolina, (ii) negotiated, offered, or otherwise transacted within this State, in whole or in part, or (iii) made or extended within this State South Carolina Code 40-58-20 | ||
means an interest bearing obligation incurred for the construction, rehabilitation or financing of residential housing or for land development and secured by a mortgage, except that such definition shall not preclude a mortgage loan made for the sole purpose of refinancing an existing mortgage loan South Carolina Code 31-13-170 | ||
means an obligation secured by a mortgage, deed of trust, trust deed, or other consensual lien on real estate South Carolina Code 38-12-30 | ||
Tennessee | ||
means any loan secured by a mortgage, intended for any purpose Tennessee Code 47-32-102 | ||
Utah | ||
means a loan secured by a mortgage, which loan may bear interest at either a fixed or variable rate or which may be noninterest bearing, the proceeds of which are used for the purpose of financing the construction, development, rehabilitation, purchase, or refinancing of residential housing for low and moderate income persons Utah Code 63H-8-103 | ||
means a loan:
(6)(a)(i) secured by a mortgage; and
(6)(a)(ii) made for personal, family, or household purposes Utah Code 70D-1-102 |
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Vermont | ||
means an obligation secured by a mortgage, deed of trust, trust deed, or other consensual lien on real estate | ||
Virginia | ||
means a loan made to an individual, the proceeds of which are to be used primarily for personal, family or household purposes, which loan is secured by a mortgage or deed of trust upon any interest in one- to four-family residential property located in the Commonwealth, regardless of where made, including the renewal or refinancing of any such loan, but excluding (i) loans or extensions of credit to buyers of real property for any part of the purchase price of such property by persons selling such property owned by them, (ii) loans to persons related to the lender by blood or marriage, and (iii) loans to persons who are bona fide employees of the lender Virginia Code 6.2-1400 | ||
means a loan made to an individual, the proceeds of which are to be used primarily for personal, family or household purposes, which loan is secured by a mortgage or deed of trust upon any interest in one- to four-family residential property located in the Commonwealth, regardless of where made, including the renewal or refinancing of any such loan, but excluding (i) loans to persons related to the lender by blood or marriage and (ii) loans to persons who are bona fide employees of the lender Virginia Code 6.2-1600 | ||
means an interest-bearing obligation secured by a mortgage Virginia Code 36-55.26 |