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Legal Terms & Definitions

What is a mortgage?

A

An agreement by which real property is hypothecated as security for a debt without transfer of possession.

B

A post-judgment order punishing contempt.

C

A testamentary writing disposing of property at death.

D

A certificate showing the notary's authority to act outside the county of residence.

Correct Answer

A. An agreement by which real property is hypothecated as security for a debt without transfer of possession.

AI Explanation

A mortgage is a security device, not a transfer of possession. The booklet's definitions section describes a mortgage as a contract by which property is hypothecated as security for a debt. Not to be confused with a deed or with a certificate of official character under Executive Law §132.

Legal Terms & Definitions Question #379
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