1) a legal document that pledges a property to the lender as Security for payment of a debt. 2) a legal document used to secure the performance of an obligation. the term mortgage, which is derived from the french words mort meaning "dead" and gage meaning "pledge," is appropriate in that the pledge is extinguished only after the debt is paid. in the usual real estate transaction, the buyer seeks to borrow money to pay the seller the difference between the down payment and the purchase price. when the lender (mortgagee) lends the money, the buyer/borrower (mortgagor) is required to sign a promissory note for the amount borrowed and to execute a mortgage to secure the debt. the purpose of the mortgagenote is to create a personal liability for payment on the part of the mortgagor; the purpose of the mortgage is to create a lien on the mortgaged property as Security for the debt.
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