A mortgage is a right by which the ownership right to real property (another right approx. by law) may be encumbered in order to obtain security for a designated claim - a claim arising (or likely to arise) from an existing, specific legal relationship.

• a limited right in rem in the nature of an accessory right
• Article 65 of the Land and Mortgage Register Act (hereinafter: 'UKWH'):
• "For the purpose of securing a specified debt arising from a specific legal relationship, immovable property may be encumbered with a right whereby a creditor may seek satisfaction from the property regardless of whose ownership it has become and with priority over the personal creditors of the owner of the property (mortgage)."

Under a mortgage, a mortgagor can claim satisfaction from the subject matter of the mortgage:

1. irrespective of whose ownership it is/who is entitled to it with a statutory entitlement to satisfaction with priority over the personal creditors of the owner of the property
2. with a statutory entitlement to be satisfied with priority over the personal creditors of the property owner.

The close relationship between a mortgage and an overriding subjective right such as a mortgage claim

• 79 UKWH

(1) In the event of an assignment of a mortgage claim, the mortgage shall also pass to the purchaser, unless otherwise provided by law. For the transfer of a mortgage claim, an entry in the land register is required.

(2) A mortgage may not be assigned without the claim it secures.

• 94 UKWH

The expiry of a claim secured by a mortgage entails the expiry of the mortgage, unless further secured claims may arise in the future from the legal relationship in question.

1. Real estate (ownership of real estate - see Order of the Supreme Court - Civil Chamber of 25 June 2014. IV CSK 654/13)
2. subjective rights listed in the UKWH:

1) the perpetual usufruct together with the buildings and facilities on the used land owned by the perpetual usufructuary;

2) co-operative ownership of premises;

3) a claim secured by a mortgage (the institution of a sub-intabulate);

3. the fractional part of the real estate, if it is the share of a co-owner, and the co-owner's share in the joint ownership of the perpetual usufruct or the cooperative ownership of the premises

NOTE - ' the mortgage extends to the whole property - establishing only on part of the undivided property is not possible, but it cannot be established on part of the property subject to joint (unshared) ownership

Order of the Supreme Court - Civil Chamber of 11 April 2013. II CSK 471/12

It is impermissible to establish a mortgage on a part of real estate owned by one person (Article 65(1) of the Act of 6 July 1982 on Land and Mortgage Registers, i.e. Dz. U. of 2001 No. 124, item 1361 as amended).

- concerns real estate or another mortgaged object /secured claim and according to it, a mortgage cannot be established on a piece of real estate, on its component parts, and in case of division of the object of the mortgage it remains in force on all the real estate created by the division as a joint mortgage.

1. A mortgage secures a pecuniary claim and may also secure a future claim to arise under a specific legal relationship,
2. A mortgage secures a claim up to a specified sum of money - an indication of its amount and currency, an indication of maturity is not necessary (principle of specificity of the mortgage), the sum of the mortgage is expressed in the same currency as the secured claim, unless otherwise agreed by the parties in the agreement creating the mortgage,
3. If the mortgage security is excessive, the owner of the mortgaged property may demand a reduction in the amount - a possibility if it exceeds the limits necessary to protect the creditor's rights, the personal debtor who is not the owner of the mortgaged property has no legal standing to bring the action, the action may be brought before the court of the place where the property is located
4. A contractual mortgage may also secure several claims from different legal relationships owed to the same creditor.
5. The agreement establishing the mortgage should specify the legal relationships and the resulting secured claims.
6. A mortgage creditor may divide a mortgage. A declaration of division of the mortgage must be made to the owner of the property. The division of the mortgage takes effect when it is recorded in the land register.
7. A mortgage secures a monetary claim, including a future claim.
8. A mortgage secures a claim up to a specified sum of money. If the mortgage security is excessive, the owner of the mortgaged property may demand a reduction of the mortgage sum.
9. The sum of the mortgage shall be expressed in the same currency as the secured claim, unless otherwise agreed by the parties in the agreement creating the mortgage.

A mortgage secures claims for interest and awarded legal costs that fall within the sum of the mortgage, as well as other claims for incidental benefits, if they are mentioned in the document constituting the basis for entering the mortgage in the land and mortgage register, i.e. e.g. in the agreement (Article 69 UKWH)

1) AGREEMENT - contractual mortgage; entry in KW

1. it is necessary to conclude an agreement between the owner of the real estate on which the mortgage is to be established and the creditor (administrator of a mortgage established to secure the claims of more than one creditor - Article 682 KWU), and
2. entry of the mortgage in the land and mortgage register (art. 67 UKWH) or submission of an application with documents relating to the establishment of the mortgage to the collection of documents kept by the relevant district court if the land and mortgage register for the property in question has not been established, has been lost or has been destroyed (art. 123 UKWH)

1. Declaration by the owner - in the form of a notarial deed ad solemnitatem
2. The creditor's declaration may be made in any form,
3. A mortgage in favour of a bank may be created without the form of a notarial deed
4. without the consent of the property owner (perpetual usufructuary, ...) - forced mortgage

Indebted to state institutions on all properties of the payer, taxpayer, collector, successor in title or third parties for tax liabilities, tax arrears and interest

Requires an entry in the Land and Mortgage Register (KW), the owner's consent is not required, the basis for the entry is a served administrative decision, enforcement order or security order.

In the event that the mortgage debtor fails to pay the matured mortgage claim, the creditor may seek satisfaction through court proceedings (basis of the enforcement title), or alternatively through administrative enforcement, we also apply to the mortgage on the right of perpetual usufruct or the share in co-perpetual usufruct of land, the co-operative ownership right to premises, as well as the mortgage claim,
A claim secured by a mortgage is a debt in rem owed by the owner of the property and a creditor may successfully bring an action to enforce it. The protection of the debtor is to exclude the possibility of satisfying this debt from other assets of his property than the one on which the mortgage rests.

The main reasons for a mortgage to lapse are:

1. performance of the obligation,
2. Waiver of rights
3. Confusion - a limited right in rem shall be extinguished if it passes to the owner of the encumbered thing or if the one to whom such right is granted acquires ownership of the encumbered thing.
4. expiry of the claim secured by the mortgage when no further secured claims can arise in the future from the legal relationship in question or expiry of the last claim secured by the mortgage
5. In the event of deletion from the KW without a valid legal basis at the end of 10 years
6. Deposit of the secured amount in court with waiver of the right to reclaim it 
7. When a mortgage expires, the creditor is obliged to do everything possible to remove the mortgage from the mortgage book
8. the above-mentioned provision entitles the owner to demand from the mortgage creditor to perform actions enabling the extinguished mortgage to be deleted from the land and mortgage register, in particular to issue an appropriate document - it is accepted in doctrine that a creditor's receipt is also sufficient to delete an extinguished mortgage from the land and mortgage register, regardless of whether the service was provided by a personal or material debtor, as long as it contains the appropriate content and form

As to the content of the document - unambiguously confirming that a particular mortgage has expired and the creditor , agrees to its removal from the ledger or indicating that all claims secured by this mortgage have expired and in their place no further claim suitable for mortgage security can arise in the future
As for the form of the document - written form with notarised signature of the creditor, in the case of a bank - it is determined by the Banking Law
In order to delete an expired mortgage from the land and mortgage register - apart from the document confirming its expiry - a statement of the real estate owner is required and, as a rule, it should be attached to the application for deletion of the mortgage; it should also be submitted in writing with a notarised signature; attaching the owner's statement of consent to deletion of the mortgage is unnecessary if the owner himself submits the application to the land and mortgage register court.