The legal mortgage takes birth if there are met some conditions:

-state legal mortgage over buildings officials responsible for handling public money;
- legal mortgage title of legatees with particular inheritance of real estate owned by the heirs;
-mortgage legally established as enforceable in the proceedings as enforcement of state debt as insurer
-mortgage legal-faction of the bank over the building constituted with the credit from the bank.

Conventional mortgage incurred through the agreement of the parties. It is valid by following background conditions and form required by law:

-capacity of the owner;
-ability to alienate;
-determine the exact property mortgaged and secured claims;
-contract in authentic form;
-take a mortgage inscriptions.

The second mortgage involves a contract between the parties and would allow the bankers to recover more quickly the money from the fund guarantee if the customer fails to pay the loan, while the first type of mortgage is required by law and requires that all aspects to be solved in court, making banks more difficult to recover the money.