What type of lien is a mortgage considered?

A mortgage is considered a voluntary lien because it is created through a deliberate agreement between the borrower and the lender. When a property owner takes out a mortgage, they willingly enter into a contract to borrow money, and as part of that agreement, the property is used as collateral for the loan. This type of lien is recorded in public records, and it reflects the consent of the property owner to secure the loan against the property.

In contrast, involuntary liens are typically put in place without the consent of the property owner, such as tax liens or mechanic’s liens. Judicial liens arise from court judgments, while statutory liens are established through statutes, such as tax liens imposed by the government. Thus, the defining characteristic of a mortgage as a voluntary lien is rooted in the consent and agreement of both parties involved in the transaction.