Impacto legal y financiero de las hipotecas sobre bienes inmuebles en Manta, Ecuador. Un análisis del contexto del año 2023.

Abstract

The mortgage is a legal and financial mechanism commonly used by banking and lending entities in order to ensure payment of the debt, it merits a whole legal process for possession to be awarded and ownership to be restored to the mortgage creditor; in Manta, the financial resources from mortgages drive the national and local economy. The general objective of this research is to analyze the legal and financial impact of mortgages on real estate in Manta, Ecuador during the year 2023. The methodology follows a qualitative typology with a descriptive level, the methods are Inductive - Deductive and Analytical, the techniques are observation, semi-structured interview and content analysis, and the instruments are an observation guide, a questionnaire with semi-open questions and a mixed form. The results show that the mortgage is a subjective right that falls on a certain thing with which the power to legally pursue it is born. A proposal is put forward that brings together several financial and legal ideas to minimize the impact of mortgages on real estate, especially in Manta due to the economic crisis since 2023, through short courses from the university. The central conclusion is to incorporate the refinancing and restructuring of mortgage debt, mechanisms for extension and flexibility of payments and promotion of mediation and out-of-court agreements to avoid foreclosure due to the transcendental importance of the mortgage, whose impact has been significant in the banking, financial, real estate and legal sectors.