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What Are the Types of Mortgages in Quebec? An Overview Based on the Civil Code

Dernière modification: 07 juillet 2025
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Taking on a mortgage is one of the most significant financial decisions a Quebec homeowner will make. While often associated with buying a home, a mortgage in Quebec has a broader legal meaning, governed by the Civil Code of Quebec.

To fully understand your rights and obligations, it’s important to know the different types of mortgages recognized under Quebec law. Here’s a practical overview of the main categories, with concrete examples.

Reference source: OACIQ – Types of Mortgages


1. Conventional vs Legal Mortgage

Under Article 2664 of the Civil Code of Quebec, a mortgage may be:

  • Conventional: Created through a contract between a debtor and a creditor.
    Example: A buyer obtains a mortgage loan from a bank to purchase a house.

  • Legal: Arises automatically by operation of law, without the need for a contract.
    It may apply to:

    • Government claims for unpaid taxes.

    • Condominium syndicates collecting unpaid condo fees.


2. Movable vs Immovable Mortgage

  • Movable Mortgage: Applies to personal property (movables), such as a vehicle, business equipment, or inventory.
    Example: Stock in a retail store.

  • Immovable Mortgage: Applies to real property (immovables), such as a house, apartment building, or land.

💡 Most residential mortgages are immovable mortgages.


3. Mortgage With or Without Dispossession

  • Without dispossession: The debtor retains possession of the mortgaged property.
    This is the standard scenario for residential mortgages—you live in your home while it serves as collateral for your loan.

  • With dispossession (also called a pledge): The property or its title is handed over to the creditor until the debt is repaid.
    More common in commercial settings or for high-value items.


4. Individual vs Universal Mortgage

  • Individual Mortgage: Covers one or more specifically identified assets.
    Example: Your home in Saint-Hyacinthe.

  • Universal Mortgage: Covers all current and future movable and immovable property.
    This type is only permitted for:

    • Legal entities (e.g., corporations),

    • Trustees,

    • Individuals operating a business.


5. Open vs Closed Mortgage (in the Civil Law sense)

⚠️ Important: Do not confuse these with the open/closed mortgage products offered by banks (e.g., fixed-rate closed mortgage). Here we refer to the legal nature of the mortgage itself, under Quebec civil law.

  • Open Mortgage: Takes effect only if the debtor defaults. It can apply to both present and future property.
    Commonly used in commercial contexts.

  • Closed Mortgage: Applies immediately to a specific property. It is fixed and cannot be extended to cover other assets.

📌 Example: An open mortgage on a retailer’s inventory allows for ongoing sales and restocking. In contrast, a closed mortgage on a home ties the mortgage to that single property with no flexibility.


Conclusion: Know Before You Sign

In everyday language, the word “mortgage” is often understood as a loan from a bank to buy a house. But in Quebec law, a mortgage is first and foremost a legal security mechanism.

Whether you’re a homeowner, entrepreneur, or investor, it’s essential to:

  • Understand the type of mortgage that applies to your situation,

  • Know the legal implications and responsibilities,

  • Avoid confusion with banking terminology.

👉 Consult a licensed mortgage broker to guide you based on your financial profile and long-term goals.

For any questions about this article or to get personalized real estate advice, don't hesitate to contact your trusted broker, Ariane LeBlanc. As a residential and commercial real estate broker at Via Capitale, she supports you with professionalism in all your real estate endeavors.

Whether you are a buyer or a seller seeking expertise in the regions of Lévis and Québec, Ariane LeBlanc is at your disposal to answer all your questions. She will provide you with detailed information and advice tailored to your needs to help you realize your project.

To get in touch with Ariane LeBlanc, dial (581) 500-1117, or send an email to aleblanc@viacapitale.com. You can also visit her website for more information: www.arianeimmobilier.ca.

For all your real estate questions or needs in Lévis and Québec, Ariane LeBlanc from Via Capitale is here to help and guide you throughout your real estate project.

Ariane LeBlanc
Ariane LeBlanc
Courtier immobilier résidentiel et commercial
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