In Anglo-Saxon England, when rate loans were illegal, the main method of safeguarding real estate by wadset (ME wedset).  A Wadset was a hidden loan as a sale of land under the right of reversion. The borrower (Reverser) provided by charter a simple rebate to the lender (Wadsetter), who would return the estate to the returner in the event of repayment by a second status. The difficulty of this agreement was that the Wadsetter was the absolute owner of the property and could sell it to a third party or refuse to transfer it to the retrospective objector, who was also deprived of his main means of repayment and was therefore in a weak position. Later, the practice – especially in Scotland and on the mainland – consisted of making the wadset and a separate back-bond after the reverser and the right to resurrection in Personam. In the case of a mortgage by a legal charge or technically “a tax by the legal mortgage”, the debtor remains the rightful owner of the property, but the creditor obtains sufficient rights to enable them to assert their security, for example. B a right to take possession or sell the property. After being signed in front of the witnesses and made notarized, the mortgage should be deposited with the Landesamt f-r Bodenbeschilderung in the Landkreis where the land is located. This office is designated in different states with different names, but it is generally called County Clerk`s Office, County Recorder`s Office, Register of Deeds or Cadastre. The title theory is “the idea that a mortgage transfers mortgaged title deeds from Mortgagor to the mortgage borrower who keeps it until the mortgage is satisfied or locked.
Few U.S. states… adopted this theory.  According to the title theory, a mortgage has the effect of a deed that follows the legal title of the mortgage property to the borrower (the lender in a loan contract is guaranteed by the mortgage), the so-called “right title” (that is really the cash capital) is retained by the Mortgagor (the borrower in the loan). The fact that Mortgagor retains the “equity in repayment” is the fact that the surrender of the security occurred under the title theory. Mortgages within the courts of legal theory can therefore be considered as the act of what could be described as “conditional acts”. Although the title is adopted on the basis of a mortgage, the agreement is generally interpreted by the courts to recognize Mortgagor as the “owner” of the mortgaged property within the courts of legal theory. Nevertheless, the enforcement of the building as an appeal against the removal under the title theory is most often extrajudicial (with the exception of the courts). In most jurisdictions, mortgages are strongly linked to secured loans on real estate and not on other real estate (such as ships) and, in some jurisdictions, only real estate can be pledged. A mortgage is the standard method that allows individuals and businesses to acquire real estate without having to pay full value immediately on their own resources. See mortgage credit for residential home loans and commercial mortgages for Credit vs. Commercial Real Estate.