second mortgages

second mortgages
(The right of third parties)



Article XXII:

Applies to the impact of mortgage registered against third parties from the date of registration, unless they win this third party a right in rem on the mortgaged property before registration of the mortgage.

Article XXIII:

Limited impact on the mortgage debt specified in the mortgage document.

Article XXIV:

Not been invoked in the face of non-contractor transfer mortgage debt secured by the Registrar or the assignment of rank only after being in the right to the original document and record the property.


(Right of progress)

Article XXV:

Determine the ranking mortgage number and the date of his registration record, and maintains Bmrtpth even restricts what evidence expiry of the competent authority in a system register.

Article Twenty-Six:

Pledgee creditor may waive mortgage arranged by his debt to the mortgagee another mortgaged property in accordance with the provisions prescribed in the assignment of rights.

Article Twenty-Seven:

If the property subject to a number of hostages in succession, meet their rights or the price of the money that was replaced in accordance with the ranking of each and every one of them.


(Right trace)

Article Twenty-Eight:

Creditor mortgagee the right to follow the mortgaged property in the hands of any holder has to meet the right solutions when it met in accordance with a demotion.

Article Twenty-Nine:

Is the holder of the mortgage each moved it after the mortgage for any reason the ownership of the property or any other real right by the subject of the mortgage without being personally liable for the debt secured by mortgage.

Article Thirty:

Mortgagee subject to the creditor to take action, recording of forced removal of ownership of the mortgaged property and sell it if the debtor fails to fulfill the specified term, after warning the debtor and the holder of mortgaged property in accordance with the system.

Article XXXI:

The holder of the mortgaged property to lead the mortgage loan and expenses after being warned, to be played back, including the debtor, and may replace the creditor who met his religion in all its rights.


Article Thirty-Two:

The holder of the mortgaged property right of ridding it of all the registered mortgage, and remain right in the performance of religion persisted until the date of the sale of the mortgaged, or a system in a timely manner, and can pay back with the current.

Article Thirty-Three:

Proceedings are forced removal of ownership of the mortgaged property and sell it when you do not meet the debt according to the system implementation.

Article XXIV:

May be the holder of the mortgaged property to enter into action to sell in the auction, if awarded the auction and had led the price, counting the owner of the property under the deed of ownership of the original, and purifies the mortgaged property from all registered right by if you push the Nobel price awarded the bidding him or put him in the Court's account.

Article Thirty-fifth:

If you had won an auction sale of the mortgaged property to non-nuclear, it gained ownership by virtue of a decision by the anchoring of the auction, and has the right of the holder, whether they entered the holder in the auction or not to enter.

Article Thirty-sixth:

Guarantee of the mortgage on it was under his hand, would ensure winning everything that happens to the mortgaged property from loss or deficiency or defect, and yield response of the mortgaged property after the date of expropriation.

Article Thirty-seventh:

If the increased price of the mortgaged property to the value of the debt recorded increase was for the holder.

Article Thirty-eighth:

The holder of the mortgaged property may object to the debt, which sell the property because of all that was the debtor may oppose it if the debt yet registered title holder.

Article Thirty-ninth:

A - refer to the holder the pretext of security to the previous owner to the extent that it is due back on the property it received from the netting or a voluntary contribution.

B - the holder of recourse against the debtor to pay over and above what is owed in his duty under the deed right, whatever the reason to pay this increase, and replaces the creditors who understand their rights in their rights by the debtor, including their insurance provided by the debtor, without Insurance provided by someone else.


Chapter III

Expiration of the mortgage

Article Forty:

A - continued for the mortgage debt, mortgage Vinevk lapse of all religion trusted.

B - If the debt has passed, then returned for any reason to remain positive, he returned as re-entry of mortgage debt, without prejudice to the rights of others of goodwill acquired in the period between the expiration of the right and return.

Article Forty-first:

A - of the debtor that religion plays a mortgage and accessories documented before in order to meet according to the contract or agreed upon Almtdainun.

B - may accelerate the fulfillment of Mtdainin debt in return for placing part of its value according to what they agree upon when the inferior agreement independently.

C - If you find a debtor has sold the Tribunal mortgage before the term all, ordered the payment of premiums the case to creditors and deposited the rest of the money in a bank account, and the debtor to apply for the release of the amount, if agreed with the creditor on the mode of payment or provided a bank guarantee for the payment of the rest of the debt

Article Forty:

Invalidate foreclosure sale of the mortgaged property in accordance with a forced sale of the system, and paid to creditors in accordance with the dependent status of each of them, or deposited in the account of the Court.

Article Forty-third:

Expires mortgage registered at the Federation of disclosure, meeting the right mortgage with the right of ownership in the hands of one person, whether the transfer of ownership of the mortgaged property to the mortgagee, or transfer the right mortgage to the current, if the cause of the merger had a hope of recovery retroactive effect; back the mortgage to his condition.

Article Forty-fourth:

Lapse if the registered mortgage creditor mortgagee waiver for a waiver documented, and may waive the right mortgage with the survival of religion.

Article Forty-fifth:

Expires mortgage registered doom replaced, taking into account the provisions of the loss of the mortgage provided for in this system.

Article Forty-sixth:

BET and the holder of the redemption request after hearing a case documented by the mortgage debt set forth in other systems.

Article Forty-seventh:

Does not invalidate the death of the current mortgage or mortgagee or loss of eligibility, has died, the heirs, but has eligibility for canine guardian.

Article Forty-eighth:

With the exception of securities, apply the provisions of the mortgage recorded on the Register, which has transferred a regular basis, by car, ship and plane, and others, this system eliminates the provisions of the mortgage business that are incompatible with it.

Article Forty-ninth:

This system published in the Official Gazette and shall come after ninety days from the date of publication