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A summary execution clause and a pactum commissorium will be invalid clauses in the case of a mortgage. A pactum commissorium is a stipulation in a contract of mortgage of pledge which provides that the mortgagee will automatically own the property mortgaged in case the mortgagor fails to pay the loan. If you buy a house the mortgage contract cannot contain a clause that will enable the bank to sell the house without a court order (in the case that you default on the payments), in other words the process whereby attachement takes place must be followed. There are specific procedures in place to protect the property owner from summary execution or a automatic process in regards to both general and special mortgages.

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