Distribution of mortgage responsibility and indivisibility of the mortgage

Abstract

The distribution of mortgage responsibility is a direct manifestation of the principle of registry specialty or determination. When several properties are mortgaged as collateral for a single loan, it is necessary to know how much each of those properties is responsible for. However, the distribution does not exclude the indivisibility of the mortgage; they complement each other in different cases, since indivisibility is possible when the mortgaged property is divided a posteriori. In this work we analyze what mortgage distribution is, what effects it produces and how its relationship with mortgage indivisibility should be understood. Special attention is paid to the art. 124 LH and how its scope has been delimited by jurisprudence, since, although it presupposes distribution, in practice it is applied to a different case than that of 119 LH, requiring the division of credit.