Mortgagor vs. Mortgagee: What’s the Difference?

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Quick Answer

For a typical home loan, the mortgagor is the borrower and the mortgagee is the lender. Each party has roles and responsibilities to fulfill. The mortgagee approves the loan and sets terms. The mortgagor makes on-time payments until the loan is paid.

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You start reading your mortgage loan documents and quickly realize there are two stars in this drama: the mortgagor and the mortgagee. But, who's who in this scenario?

It's simple. The mortgagor is the borrower who takes out a mortgage loan, and the mortgagee is the lender who provides the money. Now that you've nailed down which role is which, here's a bit more information on the rights and responsibilities that go along with each.

What Is a Mortgagor?

The mortgagor is the party seeking a mortgage, also known as the buyer, borrower or homeowner. If you're in the process of applying for a home loan, the mortgagor is you.

A mortgagor may be a person or multiple people—for instance, you and your spouse. In a typical loan agreement, the mortgagor is responsible for making monthly payments, paying homeowners insurance and property taxes, and maintaining the home and property. If a problem arises making payments, it's the mortgagor's responsibility to communicate with the lender and work toward a resolution.

What Is a Mortgagee?

The mortgagee is the lender offering a mortgage. Mortgagees are typically banks, credit unions or other financial institutions. They review loan applications and set the terms of the mortgage, including the mortgage amount and interest rate. The mortgagor is also responsible for servicing the loan: collecting payments, providing monthly statements and sending tax documents. Some mortgagees hire servicing companies to administrate loans on their behalf. In these cases, though, the mortgagee is still considered the lender.

Learn more: The Complete Guide on How to Get a Mortgage

Mortgagor vs. Mortgagee: Roles and Responsibilities

In a typical mortgage transaction, both mortgagors and mortgagees play central roles. Here's how those roles and responsibilities play out between borrowers and lenders:

MortgagorMortgagee
Primary roleObtains the loanProvides the loan
ApplicationSubmits mortgage application with credit information and proof of incomeReviews mortgage application and supporting documents to determine loan eligibility
OwnershipRetains legal ownership of the property while making paymentsHolds a lien on the property as collateral until repayment is complete
FinancingAccepts financing termsSets financing terms
RiskMay lose the property through foreclosure if they default on the loanMay sell the property to help recoup financial loss if the borrower defaults
PaymentsMakes installment and interest paymentsCollects installment and interest payments

What Rights Does the Mortgagor Have?

Mortgagors have many rights, as spelled out in their loan documents. Four key rights borrowers can keep in mind include:

  1. The right of redemption: The mortgagor has the right to redeem their home by bringing a loan current before it is sold in a foreclosure.
  2. The right of transfer to a third party: The mortgagor has the right to transfer the property and mortgage to a third party prior to foreclosure, subject to the terms of the mortgage contract.
  3. The right to inspection and production of all documents: The mortgagor is entitled to review and obtain copies of all loan documents provided by the lender.
  4. The right to make additions or improvements: The mortgagor has the right to renovate, build on or otherwise improve the property.

What Protections Does the Mortgagee Have?

Mortgagees need to protect themselves against losses from default. They do this by carefully evaluating loan applicants based on standard criteria, including:

  • Credit: Mortgagees use credit scores and credit reports as indicators of an applicant's likelihood of repaying their debts on time.
  • Debt-to-income ratio: Comparing an applicant's total outstanding debts to their income helps determine how much mortgage debt they afford to take on.
  • Income: Mortgagees consider both the amount of income applicants make and their income history to determine loan eligibility.

Lenders typically charge late fees for payments made past an agreed-upon due date. Multiple late payments may lead to foreclosure, the process by which mortgagees may seize the mortgaged property and sell it. Foreclosure is a lengthy and costly process; mortgagees generally use it as a measure of last resort. However, foreclosure does provide some protection for lenders against default by giving them a way to recoup their funds.

Learn more: How Can I Stop Foreclosure?

How the Mortgagor and Mortgagee Work Together

The relationship between a mortgagor and mortgagee is meant to be mutually beneficial. The mortgagee provides a loan and collects interest and fees; the mortgagor receives financing that makes it possible to purchase a home and live in it while paying it off over time.

Each one plays a role in making the relationship work. The mortgagee considers the mortgagor's credit history, debts and income to set a loan amount and loan terms they can plausibly repay. From there, it's up to the mortgagor to make payments on time—and to work proactively with their lender if there is a disruption—so they can both avoid late fees and foreclosure.

The Bottom Line

If you're currently shopping for a home, you may improve your chances of securing a loan (and successfully becoming a mortgagor) by checking your FICO® Score and credit report for free with Experian, and studying up on how much house you can really afford. When you're ready to sign, be sure to review the loan documents your mortgagee provides carefully, so you fully understand your rights and responsibilities. Happy homeowning!

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About the author

Gayle Sato writes about financial services and personal financial wellness, with a special focus on how digital transformation is changing our relationship with money. As a business and health writer for more than two decades, she has covered the shift from traditional money management to a world of instant, invisible payments and on-the-fly mobile security apps.

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