A mortgage is a limited real property right to pay a sum of money out of the property to satisfy a creditor's claim either against the owner when securing his or her own debt or against a third party when securing another's debt. The owner personally is not obliged to pay from the mortgage. Rather, he or she must tolerate the compulsory enforcement of the property in order to satisfy the mortgage claim. The claim is the main right in the mortgage. The mortgage is merely accessory, i.e. it is related to the claim in its origin and existence. Without a claim, it does not arise as a third-party right. It follows the transfer of the claim and the encumbrance. Defences to the claim can also be asserted against the mortgage.
- Mortgages exist in various types and special forms such as
- Commercial mortgage
- Security mortgage
- Letter mortgage
- Book mortgage
- Individual mortgage
- Joint mortgage
- Owner mortgage
- Repayment mortgage
- Uniform mortgage
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