Equitable Mortgage vs. Registered Mortgage - Which is Better?

Understand the difference between equitable mortgage and registered mortgage to make informed decisions.
Loan Against Property
2 min
16 April 2024

When it comes to securing a loan against property, like the one offered by Bajaj Finance, understanding different mortgage types is crucial. Two common types are equitable mortgage and registered mortgage. But what are they, and how do they differ? This article will delve into the details of equitable mortgage vs. registered mortgage and help you make an informed decision.

What is an equitable mortgage?

An equitable mortgage is created by depositing title deeds of the property with the lender. It's a simpler and less expensive process compared to a registered mortgage.

What is a registered mortgage?

A registered mortgage involves the registration of the mortgage deed with the appropriate government authority. It provides greater security to the lender but involves higher costs and a more complex process.

Key differences between equitable mortgage and registered mortgage 

  • Creation: Equitable mortgage is created by depositing title deeds, while registered mortgage requires registration of the mortgage deed.
  • Cost: Equitable mortgage is less expensive than registered mortgage due to lower legal costs.
  • Security: Registered mortgage provides greater security to the lender.
  • Process: The process for creating an equitable mortgage is simpler than that for a registered mortgage.
  • Enforcement: In case of default, enforcing a registered mortgage is easier than an equitable mortgage.

Pros and cons of equitable mortgage

Pros

Cons 

Lower costs

Less secure for the lender

Simpler process

More difficult to enforce in case of default

Faster to set up

May not be accepted by all lenders

No government registration required

Risk of fraud due to lack of official record

Lower legal fees

May have higher interest rates due to increased  risk

 

Pros and cons of registered mortgage

Pros

Cons 

Greater security for the lender

Higher costs

Easier to enforce in case of default

More complex process

Official record of the mortgage

Longer to set up due to registration process

Accepted by all lenders

Higher legal fees due to registration

Typically lower interest rates due to decreased risk

Requires more documentation

 

Legal implications and documentation for equitable mortgage

Equitable mortgage is governed by the Transfer of Property Act, 1882. The key document is the title deed of the property, which is deposited with the lender.

Legal implications and documentation for registered mortgage

Registered mortgage is also governed by the Transfer of Property Act, 1882. However, it requires a mortgage deed that needs to be registered with the government authority.

Understanding the differences between an equitable mortgage and a registered mortgage is crucial. Equally important is considering how you can leverage your property beyond these traditional frameworks. This is where a Bajaj Finserv Loan Against Property comes into play. 

Whether you need to expand your business or fund a dream vacation, a loan against property from Bajaj Finserv helps you do just that. This unique financial solution offers:

Remember, your choice between equitable mortgage vs. registered mortgage will depend on your specific needs and circumstances. And when it comes to making the most of the value of your property, consider depending on Bajaj Finserv Loan Against Property.

Disclaimer

1. Bajaj Finance Limited (“BFL”) is a Non-Banking Finance Company (NBFC) and Prepaid Payment Instrument Issuer offering financial services viz., loans, deposits, Bajaj Pay Wallet, Bajaj Pay UPI, bill payments and third-party wealth management products. The details mentioned in the respective product/ service document shall prevail in case of any inconsistency with respect to the information referring to BFL products and services on this page.

2. All other information, such as, the images, facts, statistics etc. (“information”) that are in addition to the details mentioned in the BFL’s product/ service document and which are being displayed on this page only depicts the summary of the information sourced from the public domain. The said information is neither owned by BFL nor it is to the exclusive knowledge of BFL. There may be inadvertent inaccuracies or typographical errors or delays in updating the said information. Hence, users are advised to independently exercise diligence by verifying complete information, including by consulting experts, if any. Users shall be the sole owner of the decision taken, if any, about suitability of the same.

Frequently asked questions

What is the difference between a registered mortgage and an equitable mortgage?
A registered mortgage involves the registration of the mortgage deed with the government, providing greater security to the lender but at a higher cost. An equitable mortgage is created by depositing title deeds with the lender, which is simpler and less expensive.
What is the difference between MOE and MODT?
MOE (Memorandum of Entry) is a record of the equitable mortgage created by depositing title deeds. MODT (Memorandum of Deposit of Title Deed) is a declaration that the borrower has deposited the title deeds to secure the loan.
Is registration of equitable mortgage compulsory?
No, registration of an equitable mortgage is not compulsory. It’s created by simply depositing the title deeds with the lender. However, some states in India have made registration mandatory for equitable mortgages.
Are there legal implications in choosing an equitable mortgage over a registered mortgage?

Yes, equitable mortgages have fewer legal protections compared to registered mortgages. In case of default, the lender’s rights are weaker, and enforcing claims might be more complicated without proper registration.

Which mortgage type is quicker to process: equitable or registered?

Equitable mortgages are generally quicker to process since they do not require formal registration. This allows for faster documentation and approval compared to registered mortgages, which involve more legal procedures and time-consuming steps.

Is stamp duty applicable for both equitable and registered mortgages?

Stamp duty is applicable only for registered mortgages in India. Equitable mortgages do not require registration, so they typically do not incur stamp duty, making them a less expensive option from a tax perspective.

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