Mortgage
Introduction
The real estate mortgage is a real right of guarantee that falls, exclusively, on real estate and confers on its owner a right to realize the value of the mortgaged properties in order to ensure compliance with the obligation guaranteed by the mortgage. This type of mortgage promotes economic wealth as it is the origin of the so-called territorial credit.") It is generally formalized by public deed that necessarily has to be registered in the Property Registry "Registry of Property (Spain)") (or the equivalent real estate registry in each country), such registration being constitutive (if it is not registered, it is not born), due to the circumstance that the mortgaged real estate continues in possession of the mortgagor obliged to comply. It can also be constituted by the ministry of the law.[3][4].
The guaranteed obligation (loan or credit) should not be confused with the guarantee itself (mortgage), which ensures the return of what was lent. Although they are linked, mortgage credit and mortgages are different legal businesses. Thus, regardless of the loan, it can always be executed and its value realized (forced sale), without taking into consideration the owner of the mortgaged thing, or the owner of the mortgaged real right.
The real estate mortgage as a real right
The real estate mortgage is a real right of guarantee, or, a form of real guarantee, - a legal relationship between a person and a thing -, which confers on the creditor the power to carry out with preference the mortgaged real estate, through its forced sale, which definitely differs from the pledge in that the mortgage does not require the requirement of displacement or dispossession of the thing that constitutes the object of the guarantee, which will continue to be in the power of the mortgagor, and also differs from the pledge, in that the mortgage It only applies to real estate. The greatest advantage of the mortgage over the pledge lies perhaps in the fact that the mortgagee (owner of the mortgaged property) is not required to dispossess the encumbered property, nor is his power of disposal restricted, since he can sell, lease, assign, remortgage, etc., the mortgaged property. Any subsequent acquirer will receive the mortgaged asset, encumbered with the real condition, being obliged to bear the exercise of the that it entails, whoever said possessor may be (reipersecutoriality).