What type of lien is created by a mortgage against a property?

Study for the Affiliate Broker Tennessee National Exam. Practice with flashcards and multiple choice questions, with hints and explanations. Prepare well for your licensing exam!

A mortgage creates a voluntary lien against a property because it is a legal obligation that the borrower willingly agrees to when they take out a loan to purchase real estate. This type of lien is established when the property owner signs the mortgage documents, thereby granting the lender a security interest in the property. The lien ensures that if the borrower defaults on the loan, the lender has the right to foreclose on the property and recover the owed amount.

In contrast, involuntary liens, such as tax liens or mechanic's liens, are imposed by law without the property owner's consent. These liens typically arise from unpaid debts or obligations. A secondary lien refers to a lien that is subordinate to another lien, while a judgment lien occurs as a result of a court ruling. These distinctions highlight why a mortgage specifically results in a voluntary lien as it is predicated on the mutual agreement between the borrower and lender.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy