Hypotheekrecht

The right of mortgage is a security interest created over registered property such as immovable assets. It affords the mortgagee a preferential position, enabling it, upon the debtor’s default, to proceed with an enforcement sale and to recover against the proceeds.

This right is fundamental to financing practice, particularly in the granting of mortgages over residential and commercial property. It provides lenders with robust security and facilitates financing at lower rates of interest.

In practice, a mortgage is created by notarial deed and registered in the public registers. Priority among multiple mortgages is determined by the date of registration.