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once a mortgage, always a mortgage

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once a mortgage, always a mortgage
A maxim signifying the rule that an instrument originally intended as a security instrument cannot be converted to a deed.It has reference to the practice of amending a mortgage to give up a right of redemption or an equity of redemption and thereby give permanent legal title to the lender.Parties may accomplish the same result,but they must do so in a separate legal instrument with its own consideration and the passage of title as of that date and time.Otherwise,the lender must foreclose to obtain full legal title.


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