A real estate mortgage can be classified as what type of lien?

A real estate mortgage is classified as a voluntary lien because it arises from an agreement between the borrower and the lender. In the case of a mortgage, the borrower willingly encumbers their property as security for a loan, thereby creating the lien. This process is a conscious decision made by the borrower to borrow money with the understanding that the property will be pledged as collateral for the debt.

Voluntary liens are distinct from involuntary liens, which are imposed by law without the consent of the property owner, such as tax liens or judgment liens. Additionally, a general lien typically pertains to a claim against all of an individual's property, rather than a specific property, whereas a statutory lien is created by statute without the need for a contract. Understanding these classifications helps clarify the nature of different liens and the rights they confer to parties involved in real estate transactions.