Question: What type of attorney can draw up a mortgage contract?
Answer: A mortgage contract is an agreement that goes by many names. It may be called a mortgage contract, mortgage agreement, loan agreement, or mortgage loan agreement. Regardless of its name this form of agreement is a contract made between the lending party, called the mortgagee, and the borrower, called the mortgagor. In your case you will be the mortgagee and your son would be the mortgagor. A mortgage agreement states that the mortgagor/borrower will receive the funds he or she needs to purchase the home while the mortgagee/lender receives a lien on the property. For that reason a mortgage agreement is officially called a property lien.
The property lien allows the borrower to take physical possession of the house as he or she pays off the loan. If the borrower defaults on the terms of the loan, this agreement gives the mortgagee the right to take possession back.
The official mortgage loan agreement varies by state and can be finalized by a title company or a real estate attorney, dependent upon the laws of the state in which the property is located. In Illinois, a real estate attorney would be able to assist you in this matter.
Attorney Cathe R. Evans Williams is a licensed Illinois attorney that practices real estate law. If you are seeking an attorney to assist you in the preparation of your loan agreement please contact Attorney Cathe Evans Williams of The Evans Williams Law Group at 708-991-7110 if you have any additional questions.
Answered on May 01st, 2012 at 5:48 PM