Administrative Scrivener Exam Q&A June 30, 2026

Civil Code: Basics of Mortgage and Revolving Mortgage

Q1: A borrowed 3 million yen from B and established a mortgage on land owned by A as collateral. In this case, even if a mortgage is established, A does not immediately lose possession of the land and can usually continue to use it as before.
→ True
Explanation: A mortgage is a real right of security that can be established while leaving the object in the debtor's possession. Unlike a pledge, there is no need to hand over the object, and the debtor can use and profit from it as usual.

Q2: If A establishes a mortgage on a building owned by A for the benefit of B, and A fails to repay the loan, the mortgagee B may auction the building and receive preferential payment.
→ True
Explanation: A mortgage is a right to liquidate the object in the event of default and receive preferential payment from the proceeds. This is typically realized through an auction.

Q3: A mortgage must be established on the debtor's own property and cannot be established on a third party's property.
→ False
Explanation: A mortgage can be established not only on the debtor's own property but also by a third party providing their own property as collateral. This is also a fundamental point.

Q4: Even after A's loan to B is fully repaid, the mortgage automatically continues to secure other debts that may arise in the future.
→ False
Explanation: A standard mortgage secures a specific claim. If the secured claim is extinguished, the mortgage loses its purpose. It does not automatically secure separate future claims.

Q5: A has ongoing transactions with Bank B and established a revolving mortgage on a factory owned by A in preparation for unspecified future borrowings. Thus, it is the basis of a revolving mortgage to collectively secure unspecified claims belonging to a certain scope.
→ True
Explanation: A revolving mortgage is a system that secures unspecified claims arising from continuous transactions within a predetermined scope. This is a major difference from a standard mortgage.

Q6: With a revolving mortgage, there is no need to set a maximum amount because it can secure any amount of debt.
→ False
Explanation: With a revolving mortgage, it is necessary to set a maximum amount as the upper limit for the secured claims. This is an important difference from a standard mortgage.

Q7: If A establishes a revolving mortgage on land for Bank B, the revolving mortgage only secures the first loan that occurred and does not, in principle, secure claims arising from subsequent similar transactions.
→ False
Explanation: A revolving mortgage is a system that collectively secures a certain range of claims arising from continuous transactions. It is not limited to just the first instance.

Q8: If a mortgage is established on a debt that A owes to B, and A fails to repay, B may receive payment from the proceeds of the sale of the target real estate in preference to other general creditors.
→ True
Explanation: The essence of a mortgage lies in the right of preferential payment. It is fundamental that one can receive payment from the proceeds of the liquidation of the collateral ahead of general creditors.

Q9: With a revolving mortgage, claims that arise newly after the principal is fixed are also automatically secured by that revolving mortgage.
→ False
Explanation: A revolving mortgage is fundamentally designed to secure a certain range of claims that arise before the principal is fixed. It does not automatically secure claims that arise after the principal is fixed.

Q10: The basic understanding is that if A establishes collateral on land to secure only a specific loan from B, it is a standard mortgage, and if A collectively secures unspecified claims arising from continuous transactions with Bank B within a maximum amount, it is a revolving mortgage.
→ True
Explanation: In the basics, it is important to distinguish that a mortgage is for "securing specific claims" and a revolving mortgage is for "securing unspecified claims arising from continuous transactions."