Ejecución Hipotecaria — Enforcing a Mortgage

Argentina (AR) — civil law.

Nothing on this page describes United States practice. There is no certificate sold to an investor, no administrative sale, and no post-sale redemption window in Argentina. If you arrived carrying US assumptions, read falsos-amigos first.

Ejecución hipotecaria

The judicial process by which the holder of a hipoteca realises its security.

The instrument first

The hipoteca is governed nationally by the CCyC arts. 2205–2211: constituted by escritura pública, registered to be effective against third parties, priority running from registration. Enforcement, by contrast, is provincial — the relevant CPCC (or the CPCCN in national and federal courts) supplies the procedure.

Shape of the process

1. Default, then suit on the título — the registered hipoteca plus the evidence of the debt.
2. Excepciones — narrow and enumerated, as in any juicio ejecutivo. The merits of the loan are not fully relitigated here.
3. Sentencia de trance y remate.
4. `Subasta`, with base set from the `valuación fiscal`.
5. Distribution under prioridad-de-creditos, then the `remanente`.

The special regime

Ley 24.441 arts. 52–67 offers an accelerated route for letras hipotecarias and for hipotecas expressly submitted to it. It compresses judicial supervision but does not remove it, and it is rarely used. A private power of sale does not exist in Argentine law, and Ley 24.441 is not one.

Consumer and housing overlay

Argentine courts have shown real willingness to slow enforcement against a family home, and consumer-protection doctrine reaches mortgage terms. The current state of that doctrine, and the practical effect on timelines, is needs_verification — it is jurisdiction- and period-specific, and this is not an area where a general statement would be safe.

Deficiency

Where the price does not satisfy the debt, the creditor’s remaining claim against the debtor is a general one. Whether and how it is pursued is needs_verification; Argentina has no equivalent of a categorical statutory bar in this area, but nothing here should be read as confirming a right that has not been checked.

Timelines

Argentine mortgage enforcement is slow by comparison with most systems, measured in years rather than months, and the interval is a first-order fact for anyone pricing distressed paper. Concrete figures per jurisdiction: needs_verification.