Section 5: Classification of mortgages

Legal, judicial and contractual mortgages only rank from the day of their registration in the real estate register, in the form and manner prescribed by law. By exception, the mortgage provided for in 3° of article 2402 is exempt from registration. It takes precedence over all other mortgages for the current year and for the last two years due. It takes precedence over the vendor’s mortgage and the lender’s mortgage…

The order of preference between mortgagees and pledgees, insofar as their pledge relates to property deemed to be immovable, is determined by the dates on which the respective titles were published, notwithstanding the pledgees’ right of retention. .

Creditors holding the same rechargeable mortgage benefit from the rank of the registration of the agreement constituting the security. However, in their relations with each other, the date of publication of the reloading agreements determines their rank. The same applies to creditors holding a legal or judicial mortgage.