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What is a cross-hypothec?

The cross-hypothec is an hypothec that the undivided co-owners grant each other among themselves; it aims at guaranteeing the hypothecary obligations (also known as mortgage obligations) of each one of them towards the others. The undivided co-owners guarantee to each other the payment of their hypothecary obligations.

However, it is important to mention that the cross-hypothec is not created by the mere fact of the existence of an indivision agreement. An explicit mention in the agreement is needed to the effect that this type of agreement is created to guarantee the obligations of each of the undivided co-owners.

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