A mortgage is the most common real property security right in real estate financing transactions. It allows a creditor — a bank, private individual, or lender — to have security over the debtor's property, with priority over other creditors and the ability to foreclose if the debtor fails to pay. Articles 2205 to 2229 of the Civil and Commercial Code govern this institution.
We provide comprehensive support: creation of mortgages (clause negotiation, drafting, notarization), discharge (upon repayment of the loan), recovery of already mortgaged properties, and defense against foreclosure proceedings — a scenario where the speed and strength of the legal defense are decisive for preserving the property.
Mortgage loans for the purchase, construction, renovation, or expansion of housing. We advise on reviewing bank contracts, identify unfair or disadvantageous clauses, negotiate terms, and accompany clients through to the notarial deed signing.
When the loan comes from a private individual rather than a bank. Drafting the loan agreement and the mortgage is central: one must anticipate the amount, interest, term, payment method, adjustment mechanism, default, penalty clause, and enforcement.
Once the loan is repaid, the mortgage must be formally discharged: a cancellation deed signed by the creditor and registration at the Property Registry. Discharge is not automatic — the debtor must arrange it. We assist with this procedure, which is often delayed but important for fully freeing the property from encumbrances.
When the creditor initiates foreclosure, the debtor faces a fast executive proceeding (Arts. 597 et seq. CPCCN). Available defenses are limited and technical: payment, prescription, lack of standing, nullity of the title, excess claim. The strategy must be designed within the first weeks of the lawsuit.
Negotiation with the creditor is also possible: refinancing, payment plans, or dation in payment. Each case is assessed with the client to identify the best combination of procedural defense and negotiation.
Dollar-denominated mortgages raise additional issues: exchange controls, payment mechanisms, and possible conversion to pesos in crisis scenarios. The shared-effort doctrine and the Supreme Court's (CSJN) case law on foreign currency contracts provide defensive tools in scenarios of sharp devaluation.