Mortgage for securing the payment of a creditor's claim

A mortgage or encumbrance right on real estate is entered in the land register, usually based on a mortgage agreement between the mortgagor (debtor) and the mortgagee, and it arises with registration in the land register. The mortgage represents a real property security for the claims of the mortgagee against the debtor. The mortgagor can be the debtor, but it is not necessary. In case of non-payment of the debt or delay in payment, the mortgagee has the right to demand the judicial sale of the real estate and the payment of the claim from the proceeds received in the enforcement procedure, in case the contract is in the form of an immediately enforceable notarial deed.

If the mortgage agreement is not in the form of an immediately enforceable notarial deed, the right to payment from the encumbered real estate is enforced through a mortgage lawsuit in a civil procedure and only then in an enforcement procedure.

For the preparation or review of a mortgage agreement, registration or deletion of a mortgage from the land register, and filing a mortgage lawsuit or a motion for enforcement for the judicial recovery of a claim through the sale of real estate or objection to the enforcement order, appoint an attorney specializing in real estate law.