ipotecare

Ipotecare is the act of placing a mortgage on real estate to secure a loan or other obligation. It creates a real rights lien on the property, meaning the creditor has a preferential claim against the property itself rather than only against the debtor personally. In case of non-payment, the creditor may seek enforcement through a judicial sale to recover the outstanding amount, typically subject to the priorities established by law and any other encumbrances on the property.

The term ipoteca derives from Greek hypotheke, through Latin, and in legal contexts it denotes a form of real guarantee tied to a specific immovable asset. It differs from other guarantees such as pledges on movables, as ipoteca attaches to the property and remains in effect regardless of changes in ownership, until it is extinguished or released.

Establishing an ipoteca usually requires a formal act. In many jurisdictions, a voluntary mortgage (ipoteca volontaria) is created by a deed, often drawn up by a notary, and must be registered with the appropriate land or property registry to take effect and to establish its priority over other claims. A mortgage is extinguished when the debt is paid and the creditor issues a release, which is entered in the registry to remove the encumbrance.

There are several forms of ipoteca, including voluntary, judicial, and legal mortgages, each arising from different circumstances. The scope and enforceability of ipotecare depend on national or regional property law, including rules on priority among multiple encumbrances and the potential impact on subsequent property transfers.