Commentary for Bava Batra 313:7

אמר רב יוסף תא שמע וחכמים אומרים זה היה פיקח שמכר לו את הקרקע מפני שהוא יכול למשכנו עליו

[THAT] THE ESTATE [IS TO REMAIN] IN ITS FORMER STATUS.<span class="x" onmousemove="('comment',' The claim of the heirs is regarded as certain, since they are entitled to the estate as the heirs either of the Father or of the son, while the claim of the creditors is doubtful, and no 'doubt' may supplant a 'certainty'. ');">¹⁸</span> <b><i>GEMARA</i></b>. We learnt elsewhere: He who lends [money] to another on a bond<span class="x" onmousemove="('comment',' Even though no security on the lender's real estate had been entered in it. ');">¹⁹</span> [is entitled to] collect [his debt] from [the borrower's] lands [even though they were subsequently] mortgaged.<span class="x" onmousemove="('comment',' Or sold. No one, it is assumed, would lend money without proper security, and the omission of the guarantee from the bond is regarded as a mere scribal oversight. Furthermore, any future buyer (or subsequent lender on the security) of the lands is assumed to have known of the existence of the loan (since the issue of a written note ensures for the matter due publicity), and must have consented to take the risk of having to surrender them to the creditor should the latter find no other property from which to collect his debt. (Cf. B.M. 14a). ');">²⁰</span>

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