REGISTERING MORTGAGES IN THE REAL ESTATE CADASTRE BASED ON A MORTGAGE AGREEMENTS AND IMPLEMENTING CHANGES TO MORTGAGED PROPERTIES Cover Image

UPIS HIPOTEKE U KATASTAR NEPOKRETNOSTI NA OSNOVU UGOVORA O HIPOTECI I PROVOĐENJE PROMENA NA HIPOTEKOVANOJ NEPOKRETNOSTI
REGISTERING MORTGAGES IN THE REAL ESTATE CADASTRE BASED ON A MORTGAGE AGREEMENTS AND IMPLEMENTING CHANGES TO MORTGAGED PROPERTIES

Author(s): Milan Bodrožić
Subject(s): Civil Law
Published by: Advokatska komora Vojvodine
Keywords: mortgage agreement; documents for registration; consent of the mortgage creditor; implementation of changes; real estate cadastre

Summary/Abstract: This paper addresses the formal and practical challenges faced by the relevant Real Estate Cadastre Office when processing changes related to mortgaged real estate. When a mortgage is registered based on a mortgage agreement in the Cadastre database, it has legal implications. Making changes to a mortgaged real estate implies altering the subject of the mortgage. However, the real estate owner cannot change the subject of the mortgage without the consent of the mortgage creditor. Since any factual change requires proper registration in the Real Estate Cadastre, it is essential to submit the necessary documents that serve as the legal basis for registration. The paper also examines specific cases that involve making changes to the subject of the mortgage.

  • Issue Year: 84/2024
  • Issue No: 2
  • Page Range: 375-411
  • Page Count: 37
  • Language: English, Serbian
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