title-theory states

title-theory states

Those states in which mortgages are treated as passing legal title to the lender, with the borrower having equitable title. Typically title-theory states employ a deed of trust instrument rather than something called a mortgage.If the borrower pays the debt in full, then the lender reconveys the property to the borrower. Contrast with lien theory states and with hybrid theory states.

References in periodicals archive ?
(111) States that take the former view are called title-theory states, while states that adopt the latter view are lien-theory states.
Because a mortgage is understood as a conveyance of a present estate in real property in a title-theory state, it follows that the granting and transfer of mortgages must comply with the formalities of land conveyance.
(34) American jurisdictions differ on whether they follow the common law: title-theory states do, whereas lien-theory states pass only a lien to the mortgagee.
(37.) See Burkhart, supra note 33, at 322-24 (listing remaining title-theory states).
(167.) See supra note 37 (listing title-theory states).
(145) The holding in Coraccio also seems to contradict Massachusetts's history as a title-theory state. (146)
Massachusetts Is a Title-Theory State, Which Should Preclude Unilateral Mortgages
Massachusetts is a title-theory state, which means that if a joint tenant unilaterally mortgages the joint tenancy property, the property becomes a tenancy in common, because it destroys the unity of title.