The term 'mortgage' is generically referred to any form of financing.

The most frequent occurrence is the one when the loan is being granted by a Bank, maybe to buy a house or simply for liquidity. In this case, the guarantee offered, which is meant to protect the funder that will get the refund of the amount paid in accordance with the plan depreciation (which is in fact, the repayment plan in installments calculated by complex methods), is typically secured by mortgage on a property.

The role of the Notary is to answer not only for the regularity of the loan agreement, but also for the regularity of ownership changes (in the so-called two decades) of the property that is the subject of a guarantee, so as to proceed to the registration of the mortgage itself.

This is one of the cases in which a passage to be found in the two- decade donation can create problems as the Bank may not get a solid guarantee, fearing an action on the part of any heirs of those who once had the donation.

As with almost all of the legal problems, a skillful professional will be able to find a solution and even get a Bank to accept an asset in warranty.

It can happen that the property to be mortgaged (to be bought together with the granting of the loan) is the subject of previous mortgages, foreclosures or it is payable to minors or those at risk of failure.

These are only some of the cases in which you can be faced with serious problems.

Our Notary office has experience in solving problems of this kind and in the management of relationships with credit institutions, so that both parties can find competent contact to cooperate in order to solve even more complex problems.