title theory
title theory. Property law. The idea that a mortgage transfers legal title of the property to the mortgagee, who retains it until the mortgage has been satisfied or foreclosed. • Only a few American states — known as title states, title jurisdictions, or title-theory jurisdictions — have adopted this theory. Cf. LIEN THEORY. [Cases: Mortgages 136. C.J.S. Mortgages § 183.]