Real estate lien and mortgage

Swiss property law treats security over land as a limited real right registered in the land register. Common forms include the mortgage certificate and the mortgage, each giving the creditor priority access to the property’s value rather than ownership. The secured claim and the real security must be distinguished, especially in transfers, refinancing and enforcement. Registration, rank, maximum amount and interest terms determine the creditor’s position. If the debtor defaults, satisfaction normally occurs through debt enforcement and realization of the encumbered property.