Mortgagee Clause | Practical Law

Mortgagee Clause | Practical Law

Mortgagee Clause

Mortgagee Clause

Practical Law Glossary Item 9-520-9716 (Approx. 2 pages)

Glossary

Mortgagee Clause

Also known as a:
  • Mortgage Clause.
  • Loss Payable Clause.
  • Loss Payee Clause.
A provision included in a property insurance policy that protects a lender with interest in the property (mortgagee) from loss or damage to the property. Under a mortgagee clause, any payments made by the insurance company under the mortgagor's (borrower's) property insurance policy would be paid to the mortgagee. A mortgagee clause is a form of indemnity protection for the lender, because if there is any loss or damage to the collateral property, the lender is indemnified up to the interest it has in that property.
A lender would not lend a substantial amount of money secured by real property without the inclusion of a mortgagee clause in the borrower's property insurance policy.