Security interests in immovable property

By Raphaël MORENON

31 March 2025

Guarantees, securities and enforcement law, Security interests in immovable property

The world of mortgages is not limited to the guarantees voluntarily given as part of a property loan. In some cases, a court ruling can be the very source of a mortgage, transforming a recognised claim into a solid right over your debtor's assets. Similarly, it is sometimes possible to take security over a property even before a final judgment has been obtained. Whether you are a creditor seeking to secure a debt or a debtor faced with a guarantee, our firm of lawyers specialising in property security is at your disposal to help you with these technical procedures. This article explores two powerful but distinct tools: the legal mortgage resulting from a judgment and the judicial conservatory mortgage. Introduction: placing judicial mortgages in the context of security interests The law governing security interests in immovable property is based on three main types of mortgage, classified according to their origin. Conventional mortgages arise from an agreement of wills, typically...