Covenants as Mortgagor Guarantees
The term "covenants" is a part of the conveyance of real estate when a buyer purchases real property, such as a home, using a mortgage loan. Mortgage loan contracts require mortgagors to covenant, or guarantee, certain items to their mortgagees or lenders. For instance, mortgage borrowers are required to guarantee that they will lawfully own the properties, that they have the right to mortgage the properties to obtain their loans, and that no competing title claims exist.
Covenant Enforcement and Loan Covenants
A covenant or guarantee in a mortgage is held by law to have "full force, meaning and effect," and it is legally enforceable between a mortgage contract's signatories. A different type of mortgage covenant is also frequently referred to as a "loan covenant," and most types of formal loans contain them. Loan covenants in a mortgage allow the lender to set out specific rules a borrower must follow in order to keep the loan from being foreclosed, for example.