Mortgage law

Mortgage law: legal security in financing

When you want assurance that a debtor will fulfill their payment obligations, you can establish a mortgage on a real estate property of the debtor or a third party. This is frequently done in financing by banks, for example. However, establishing or enforcing a mortgage is legally complex and error-prone. Without expert guidance, certainty can quickly turn into illusory certainty. 

Legal aspects of mortgage law 

A mortgage gives the creditor (the mortgage holder) the right to sell a property if the debtor fails to pay. The proceeds can then be used to satisfy the debt. However, establishing and enforcing a mortgage is subject to strict legal rules. 

An incorrect establishment can result in the mortgage not being legally valid. There are also mandatory rules for enforcement sales regarding announcements, public sales, and the ranking of creditors. Therefore, it is crucial for both mortgage holders and grantors to obtain good legal advice. 

What can BG.legal do for you? 

The real estate lawyers at BG.legal advise and assist in: 

• The legally correct establishment of a mortgage 
• The assessment of existing mortgages 
• The enforcement (execution) of mortgages 
• Procedures surrounding disputes over security rights 

We ensure that your security is also legally sound. Whether you are a financier, investor, entrepreneur, or private individual, our experts are ready to assist you. 

Contact us 

Are you considering establishing a mortgage or facing legal complications during an execution? Then contact the specialists at BG.legal. We help you avoid risks and legally strengthen your position.