A mortgage that is stipulated by law is referred to as what?

A mortgage that is stipulated by law is referred to as a tacit mortgage. This type of mortgage arises automatically due to the nature of the relationship between the parties or certain circumstances, without the need for a formal, written agreement. In Louisiana, the concept of a tacit mortgage can be applied in various scenarios such as when there is an obligation to pay a debt that is secured by a property. The legal framework recognizes that under certain conditions, a mortgage can exist even if it isn't explicitly formalized, thereby protecting the interests of creditors.

The other types of mortgages mentioned serve different purposes and follow distinct criteria. A constructive mortgage, for instance, occurs via equitable means to enforce an implied intent to create a mortgage, rather than being created by explicit terms. A conventional mortgage is a standard loan that traditionally has specific terms agreed upon by both parties. An express mortgage, on the other hand, is clearly defined and outlined in documentation created by the parties involved. Each of these options denotes a distinct situation where the terms and nature of the mortgage relationship vary significantly from that of a tacit mortgage.