Property Ownership
In Louisiana, a 'mortgage' grants the mortgagee (lender) a real right in the property. This means the mortgage:
AOnly creates a personal right enforceable against the borrower personally
BCreates a right in the property itself that follows the property regardless of ownership — the lender can foreclose even if the property is sold to a third party (unless the sale is free and clear)✓ Correct
CAutomatically terminates if the property is sold
DIs only enforceable for 10 years from recording
Explanation
A mortgage in Louisiana creates a real right (jus in re) — a right in the property itself that follows the property. Even if the property is transferred, the mortgage lien remains enforceable against the property in the hands of a subsequent owner who had notice (actual or constructive).
Related Louisiana Property Ownership Questions
- A Louisiana property owner dedicates land to the public for use as a road. This is an example of:
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