Status of Mortgage Creditor
Status of Mortgage Creditor

Summary/Abstract: When discussing the legal status of a mortgage creditor, it is necessary to observe and distinguish his real estate rights from two aspects. First, his rights prior the maturity of a claim secured by a mortgage, and secondly, his rights after the maturity of the claim secured by a mortgage. The mortgage encourages the borrower to fulfill his obligation arising from the obligatory relationship. The disposability over the mortgage subject matter is only “potential”, and only if this psychological pressure shows no effect on a mortgage debtor, the realization of a mortgage follows afterwar ds. The mortgage operates in the sphere of responsibility and originally exists with respect to of possibilities, and can be activated only if certain conditions are met. Therefore, in the legal theory, the powers of the mortgage creditor are classified into a “static” and “dynamic” phase. The aim of the paper is to show, through the analysis of the status of the mortgage creditor, from the aspect of its rights and obligations, that in Serbia, with the passing of the Mortgage Law, both in theory and in practice, its status has been improved. That a mortgage for a mortgagee is nevertheless a set of rights, not an obligation.

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