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.

Ley 24.441, arts. 52–67 — régimen especial de ejecución hipotecaria

Ley 24.441 (1994, Financiamiento de la Vivienda y la Construcción) created a special, accelerated route for enforcing a hipoteca. It is the closest thing Argentina has to enforcement outside the ordinary judicial track — and it is important mainly because readers keep looking for such a thing and then over-read what they find.

What it is

• Applies to hipotecas where letras hipotecarias were issued, and to ordinary hipotecas expressly submitted to Título V of the law.
• It de-judicialises part of the process to make it faster, moving steps that would otherwise require successive court orders into the creditor’s hands.

What it is not

It is not a trustee's sale, and it is not extrajudicial.

Argentine courts have held that bringing a special execution under Ley 24.441 opens a judicial instance. There is no third-party trustee holding legal title, no private power of sale exercisable without a court, and no notice-and-sale timeline of the kind a US reader is picturing. The regime compresses judicial supervision; it does not remove it.

Practical weight

The regime is rarely used in ordinary residential practice. The dominant route by far remains the ordinary `ejecución hipotecaria` under the relevant provincial procedural code, ending in a court-ordered `subasta judicial`.

Reasons for the low uptake — constitutional challenges, consumer-protection overlay, and lender caution about a title that a court has not blessed — are needs_verification as a matter of retrieved authority, though all are commonly asserted in the literature.

Why the page exists anyway

Because a reader searching for enforcement outside the courts will find this law and conclude that Argentina has a non-judicial foreclosure regime. It does not exist here, and Ley 24.441 is not it. This page is the correction.

See falsos-amigos and ejecucion-hipotecaria.