A creditor wants to expropriate movable property that a borrower sold to a third party. Can he?
By default, only land is subject to expropriation (toreif) from purchasers. Movable property, once sold, cannot be seized by a creditor. The lien on movables requires an explicit contractual provision.
Question 2
A field is designated as ipotiki and a river floods it. Can the creditor collect elsewhere?
When a field designated as ipotiki is destroyed, the creditor may generally collect from other property. But if the note said 'you will be paid from this source only,' he has no other recourse.
Question 3
A borrower designates a servant as ipotiki and then frees him. What happens?
Manumission (freeing a servant) overrides a creditor's lien. The servant is free. The borrower is liable for the creditor's loss and must compose a new promissory note, from which the creditor can collect going forward.
Question 4
When can a purchaser prevent expropriation of a sold field by paying off the creditor?
When a field was designated as ipotiki (the exclusive repayment source), the purchaser cannot pay off the creditor — the creditor specifically wanted that field. Without such designation, the purchaser may pay the creditor and recover from the seller.
Question 5
Can a creditor expropriate property that the borrower acquired AFTER taking the loan?
By default, only property the borrower owned at the time of the loan is liened. Property acquired afterward is not automatically subject to the lien. However, if the promissory note explicitly stipulates that future property is also encumbered, the creditor may expropriate from it.