What clause in a mortgage agreement prohibits the obligor from selling or mortgaging the property to the detriment of the mortgage?

The clause in a mortgage agreement that prohibits the obligor from selling or mortgaging the property to the detriment of the mortgage is known as the "pact de non alienando." This legal term originates from Latin and translates to "agreement not to alienate." It serves to protect the lender's interests by ensuring that the property remains secure under the original mortgage and cannot be sold or encumbered in a way that undermines the lender's claim.

This clause is crucial in mortgage agreements because it prevents the borrower (obligor) from transferring ownership of the property without the lender's consent. If the property were to be sold or mortgaged without such consent, it could diminish the value of the security held by the lender or complicate the lender's ability to recover the debt in the event of default.

In this context, the other options provided do not accurately describe this specific protective measure. While restrictive covenants and non-disposal clauses may restrict property use or transfer, they do not specifically align with the obligations outlined in a mortgage agreement like the pact de non alienando. The term "alienation clause," while similar, typically refers to clauses that allow the lender to demand full repayment if the property is sold, rather than outright