However, the hypothecary creditor appealed and the court of second instance ruled that the mortgage should prevail over the consumer`s claim, since the promissy note contract was effective only between the parties. The consumer then appealed to the Portuguese Supreme Court. Right of Retention and Mortgage – Reasons for Allocation and Priority If you wish to proceed with the mortgage application process, you must accept the early offer and accept the terms set by the lender before you can proceed to the next step: legal work. If you`re looking for advice on mortgage retention in the UK, you`re in luck. We`ve put together this comprehensive guide that covers everything you need to know about mortgage storage, how it works, and how it affects a mortgage application. Of course, once the mortgage holdback is released, you should be able to pay off any financing quickly, but keep in mind that you may be subject to a prepayment charge (ERC) if you decide to take out a loan. The problem with this is that you will then have to find a way to finance the amount of the property to complete the purchase, and you will also have to find the money to complete the work on the property, in addition to the deposit you have already saved and all the other costs associated with the move. If you`ve ever been at your limit in terms of what you`ve saved, it could mean you`ll have to delay the move to save more, or it could even mean you`re missing out on the property. .