A mortgage is a limited right given by a debtor on an asset intended as a security for the creditor that performances are fulfilled. The creditor has the right to enforce a mortgage by sale if the debtor is in default. 

In the Netherlands a mortgage can only be established on registered goods, such as real estate.  

Mortgage under Dutch law

Under Dutch law a mortgage is established by a notarial deed drawn up between the parties in which the grantor grants a mortgage to the mortgagee over property subject to registration, followed by the entry of the deed, in the appropriate public registers provided for that purpose. The deed must specify the claim which is secured by the mortgage, or at least sufficient information to determine the claim. Furthermore, the amount for which the mortgage is granted must be included, or the maximum amount that can be recovered.

For Dutch mortgages, the mortgage holder is required to elect domicile in the Netherlands in the deed.


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