Mortgage Holder Research Articles

Conflict Between Fulfillment of Tax Obligations and Fulfillment of the Rights of Dependence Holders

Banks are institutions that have an essential role in national economic development. Banks function as institutions that store and distribute funds to the public in the form of credit. In distributing and providing credit from banks to debtors, even though a credit analysis has been carried out, there are still risks that may be borne by the bank, such as late payments and failure to pay. Therefore, banks need Credit Collateral as collateral if this risk occurs. Credit collateral is an asset from a debtor guaranteed to the bank by installing a mortgage right so that the bank has the rights to the debtor's guaranteed assets. For debtors who have tax debts, the State will take their assets to pay their tax debts, including assets handed over to the bank. The problem occurs in this case where the bank's rights as the holder of mortgage rights are faced with the State's rights to fulfill tax debts. Tax bills will be considered the highest priority in the proceeds from the sale of assets. Even though the bank has mortgage rights, tax claims are usually still prioritized over the bank's rights. So, in particular financial or legal matters, the State may have a particular claim or priority over certain payments or assets, and the State may defeat the mortgage holder.

Kekuatan Hukum Kreditur Hak Tanggungan Peringkat Kedua dan Seterusnya

Basically, everyone in the company faces various needs on a daily basis. These needs vary, some need to be prioritized, some are secondary, and some can only be met later. In the course of this development, of course, industrial and trade activities resulted in an increase in the funding sector, and not all entrepreneurs had sufficient capital. So from here the creation of a credit transaction. As credit transactions progress, problems sometimes occur, one of which is bad debts by debtors whose collateral has been upgraded to second place, with various factors because the debtor is unable to pay, and other economic factors. certainty that the creditor must have legal force in the execution of the guarantee. The problem of this research is, the strength of the creditor as the second rank mortgage holder and so on if the debtor is in default. The research method used is a normative research method using an approach that is an approach to applying laws and conceptualizing. The conclusion of the research is the strength of the creditor as the second rank mortgage holder if the debtor defaults, so the legal power of the creditor in the execution of the second rank mortgage guarantee, both parties have a basic agreement that binds them, in an agreement that contains an agreement between the debtor and creditor which if the debtor defaults, then the creditor as the second rank mortgage holder and so on has strong legal force and great influence.

Aligning incentives: The effect of mortgage servicing rules on foreclosures and delinquency

Foreclosures have large societal costs, and in many cases are more costly to mortgage-holders than the borrower resuming payments. In 2014, the U.S. Consumer Financial Protection Bureau (CFPB) implemented regulations for mortgage servicers aimed at addressing servicer conduct that may have led to unnecessary foreclosures in the late 2000s. The rule included a new requirement to delay foreclosure until borrowers were at least 120-days delinquent in most cases, up from typically 90 days. I use a large panel of mortgage performance data to estimate the effect of the CFPB rules on foreclosures, and on the ability of delinquent borrowers to recover and become current. I find the rule reduced the incidence of foreclosure within three years, and increased the incidence of recovery. The minimum delinquency requirement seems to have been a factor. In a separate analysis using a unique dataset of detailed loan-level information from seven mortgage servicing firms, borrowers who became 90-days delinquent after the rule went into effect were six percentage points less likely to have foreclosure initiated within two months. I also find that the rule had larger effects on loans that would be more likely to receive a successful loan modification based on mortgage holder policies.

Legal Consequences of Bankruptcy for Creditors Holding Mortgage Rights and Execution Parate

The right of the separatist creditor as the holder of the mortgage right is clearly regulated by Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (henceforth referred to as UUHT) Article 20 paragraph (1). In particular, the effect of bankruptcy on mortgage rights appears with the existence of Article 56 paragraph (1) UUK which states that the execution right of a separatist creditor holding mortgage rights against mortgage rights that are in the control of creditors is suspended for a maximum period of 90 days (stay period). The rights of the mortgage holder that have been protected by Article 20 paragraph (1) and Article 21 UUHT are no longer protected if the debtor is declared bankrupt because Article 56 paragraph (1) UUK (stay period) applies which suspends the execution of the mortgage holder for 90 days.

The Legal Position of Attorney�s Power Imposing Mortgage Rights in Providing Subsidized Home Ownership Credit Facilities

This study aims to determine and analyze the legal position of the power of attorney imposing mortgage rights in the provision of subsidized housing credit facilities related to Article 15 paragraph (5) of Act No. 6 of 1994 concerning Mortgage Rights provides an exception for the period of time for the Power of Attorney to impose Mortgage Rights (SKMHT) granted to guarantee certain loans and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of Act No. 22 of 2017 concerning Determination of the Deadline for the Use of Power of Attorney Imposing Mortgage to Guarantee the Repayment of Certain Loans. This study uses an empirical juridical approach that relies on primary field research data and the research specifications applied in this study are descriptive analytical with population and the sampling technique used is non-random sampling with purposive sampling. The results of this study indicate that the Power of Attorney to impose Mortgage has a function as a power of attorney addressed to the mortgage holder or other party to represent the mortgage giver himself present before the PPAT to carry out the encumbrance of the Mortgage, as well as a form of binding guarantees to creditors. In the event that the debtor is in arrears/defaults, the creditor can exercise his rights based on Article 1276 of the Civil Code, namely suing for matters to fulfill/implement the agreement.

Construction of GSM based home security alert system using passive infrared sensor

Security challenges in Nigeria specifically and the world everywhere have become the best difficulties of man in the ongoing occasions, because of the rising paces of wrongdoings like robberies, theft, seizing, executing and furnished burglary. The point of this undertaking was to develop a GSM based home security alert system, that will be fit for identifying an interloper, send ready message to mortgage holder, and initiate a bell caution. The security ready framework has been effectively built utilizing a uninvolved infrared (PIR ) sensor. Arduino microcontroller was utilized to interface between the PIR sensor (input) and the GSM/buzzer (yield) gadgets. The PIR sensor was proposed to recognize the nearness of human and convert the identified sign into electrical voltage signal. The arduino uno was to process the flag and send directions to GSM module and buzzer, at the same time. The developed gadget was tried by enabling human to move before the PIR sensor and the GSM module sent an instant message to the mortgage holder, that there is an intruder, while the ringer sounded simultaneously, affirming its usefulness.

Akibat Hukum Pemegang Hak Tanggungan Yang Tidak Mendaftarkan Sebagai Kreditor Dalam Kepailitan

This study focuses on the dualism of security law and bankruptcy law. The purpose of this study is to identify and analyze two issues: first, the legal consequences for mortgage holders who are not registered as creditors as well as the 60-days expiration of self-execution in bankruptcy; and second,legal protection for mortgage holders who are not registered as creditors following the expiration period for self-execution in bankruptcy. This is a normative legal research with a statutory, conceptual and case approaches. The results of the study conclude: first, the legal consequences for the mortgage holders not registered as a creditor resulting in the mortgage holder being unable to collectthe debtor's obligations as they have been declared bankrupt and insolvent; Second, the object of collateral that cannot be sold through a public auction at the request of the curator must be submitted by the mortgage holder to the curator and becomes the debtor's bankrupted asset (boedel).

Perlindungan hukum kreditor yang memegang hak tanggungan dalam kepailitan

The purpose of this paper is to overcome future problems, Law No. 4 of 1996 concerning Mortgage on Land and Objects Related to Land and Law No. 37 of 2004 concerning Bankruptcy and Postponement of Obligation to Pay Debts. Preventive and Repressive Legal Protection actions, however, a problem or conflict of law arises which regulates the time limit which is the source of problems between the Mortgage Law and the Bankruptcy Law, thus confusing stakeholders. The Bankruptcy Law provides a time limit of 2 months or 90 (days) after the bankruptcy decision is given and must be given to the Curator. but it is felt that it does not provide sufficient time for the Creditor of the Mortgage Holder. Because the creditor rights holders have protected their rights by the Mortgage Law which is written in article 21 of the Mortgage Law. Within 2 months, it does not mean that the creditor has to complete the execution, but within that period the creditor has started the execution process. due to the process that must be passed by the Mortgage Holder to sell the Mortgage Object.How to cite item: Risvian, MK., Widhiyanti, HN Dewantara, R (2022). Perlindungan hukum kreditor yang memegang hak tanggungan dalam kepailitan. Jurnal Cakrawala Hukum, 13(1). doi:10.26905/idjch.v13i1.7438.

Specific features of property rights succession encumbered by real estate mortgage

The author of the article has defined specific features of property rights succession encumbered by real estate mortgage. It has been substantiated that inheritance relations significantly affect real estate mortgage obligation, which is, first of all, manifested in the narrowing of legal opportunities to apply the general procedure of vindication on real estate mortgage’s subject matter, and secondly, in additional grounds for terminating real estate mortgage not provided by the special law. It has been proved that real estate mortgage is terminated in case of the creditor’s non-observance of the application terms to the debtor’s lawful heirs under the main obligation established in the Art. 1281 of the Civil Code of Ukraine. Termination of bail relations in the field of inheritance law under the rules of Part 1 of the Art. 523 of the Civil Code of Ukraine is associated with a set of the following conditions: the death of the debtor under the main obligation secured by real estate mortgage; acceptance of the assets by the debtor’s lawful heir in the manner and terms specified by civil law; the property guarantor did not agree to ensure the fulfillment of the obligation by the new debtor – the lawful heir; the property guarantor is not the debtor’s lawful heir. It has been argued that the specified features do not indicate about narrowing the legal opportunities of the creditor and do not violate the balance of interests of the mortgage holder and the debtor’s lawful heirs. The law enshrines sufficient terms for the creditor to file claims against the debtor’s lawful heirs. Such terms are calculated not from the time of commencement of succession, such as the term for acceptance of an inheritance, but from the date when the lawful heir receives the certificate on inheritance right for all or part of the inherited property, regardless of the due date or from the date when the creditor becomes privy to the acceptance of an inheritance or about the receipt of the certificate on inheritance right by the heir. Besides, the creditor may directly seek to the lawful heirs who accepted the inheritance, and to the notary (official of the local self-government agency, consul). Moreover, if the heir who accepted the inheritance has no certificate on inheritance right, it does not deprive the ancestor’s creditor of the opportunity to apply to the lawful heir, who delays in obtaining the certificate, with claims to levy of execution on inherited property, which is the subject matter of real estate mortgage.

Juridical Review Of The Executorial Strength Of Liability Certificates In Overcoming Non-Loading Loans (Study At Bank Danamon Cab. Sukaramai Assistant)

The increase in development activities has resulted in an increasing need for the availability of funds, most of which are obtained through credit activities. So it can be said that credit is one of the most important sources of development financing. Credit in banking activities is the most important business activity, because the largest income from bank business comes from income from credit business activities in the form of interest and fees. The problem in this research is how is the procedure for binding the mortgage certificate as collateral for the credit agreement at PT. Bank Danamon Sub-Branch Sukaramai Medan. What are the obstacles to Mortgage in Fulfilling the Rights of the Parties in the Mortgage Execution Process at PT. Bank Danamon Sukaramai Medan Sub-Branch and How the Executional Strength of Mortgage Certificate at PT. Bank Danamon Sub-Branch Sukaramai Medan?. The method used in this research is empirical juridical, namely an approach from the point of view of the rules and implementation of regulations that apply in society, which is carried out by researching secondary data first, then continued by conducting research on primary data in the field. The procedures that must be fulfilled by the customer from the time the credit application is submitted until the payment of a loan granted by the Bank is: Credit Application, Credit Investigation and Analysis, Types of Credit. The importance of binding debt guarantees is so that we can anticipate exactly whether the guarantee will be able to be executed or easily executed. This is because the different procedures for binding guarantees have a direct correlation with how they are executed. Obstacles in the Execution of Mortgage as collateral for credit for legal protection for the interests of Creditors. There are several factors that become obstacles that often occur, namely the resistance by the Mortgage holder himself to the execution of the first Mortgage holder's application. This issue is not regulated in UUHT but is in the Material of Civil Procedure Law. The Mortgage Law has given great executorial power to the Mortgage Certificate, namely by the inclusion of an Irah-Irah which reads "For Justice Based on the One Godhead", so that the position of the Mortgage Certificate is the same as the Court's Decision which has obtained permanent legal force

Process Of Execution Of Liability Rights To Object Guaranteed To Debtors With A Promise Disabled

This study aims to: to find out how the force of law is the process of executing mortgage rights to objects guaranteed to debtors with defects in promise. The approach method in this research is empirical juridical law, the data source is obtained from the literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis. Based on the results of this study it can be concluded that the execution of the object of guarantee of mortgage rights against debtors in default that this is motivated by article 6 of Act No. 4 of 1996 on Mortgage which states that "If the debtor fails to promise, the first Mortgage holder has the right to sell. the object of the Guarantee Rights on his own power through a public auction and taking the payment of the receivables from the proceeds of the sale. The purpose of this article is if the debtor is proven to be in default, then the creditor who holds the Mortgage has the right to carry out the execution of the collateral object through a public auction with the presence or absence of the promise to sell as stated in the APHT. If in APHT there is no promise or the collateral object has a problem then the execution against the object of permanent guarantee through a District Court Decision. This is based on SE-23 / PN / 2000 regarding instructions for auction implementation of mortgage rights, especially point 3 which states that "auction implementation without going through a court order cannot be carried out if the APHT does not contain the word promise as referred to in article 6 Jo article 11 paragraph 2 letter (e) UUHT or there are obstacles / lawsuit from the Debtor / third party, if this happens. The auction according to article 6 of the UUHT, namely that the auction should be able to be carried out on all collateral objects that are burdened with mortgage rights without seeing the presence or absence of promises and even though there are still obstacles in the form of claims from the debtor / other party against the object of guarantee. This is intended so that the creditor will no longer experience difficulties in executing the object of the guarantee of the mortgage, because of the difficulties that have caused creditors to continue to experience losses. Meanwhile, on the other hand, the revision of the regulations regarding the execution of mortgage rights is expected to create synchronization in the regulation itself and can provide legal certainty for creditors in executing the object of guarantee of mortgage rights without having to go through court because the process in court takes a long time and is expensive.

Process Of Execution Of Liability Rights To Object Guaranteed To Debtors With A Promise Disabled

This study aims to: to find out how the force of law is the process of executing mortgage rights to objects guaranteed to debtors with defects in promise. The approach method in this research is empirical juridical law, the data source is obtained from the literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis. Based on the results of this study it can be concluded that the execution of the object of guarantee of mortgage rights against debtors in default that this is motivated by article 6 of Act No. 4 of 1996 on Mortgage which states that the debtor fails to promise, the first Mortgage holder has the right to sell. the object of the Guarantee Rights on his own power through a public and taking the payment of the receivables from the proceeds of the sale. The purpose of this article is if the debtor is proven to be in default, then the creditor who holds the Mortgage has the right to carry out the execution of the collateral object through a public with the presence or absence of the promise to sell as stated in the APHT. If in APHT there is no promise or the collateral object has a problem then the execution against the object of permanent guarantee through a District Court Decision. This is based on SE-23 / PN / 2000 regarding instructions for implementation of mortgage rights, especially point 3 which states that auction implementation without going through a court order cannot be carried out if the APHT does not contain the word promise as referred to in article 6 Jo article 11 paragraph 2 letter (e) UUHT or there are obstacles / lawsuit from the Debtor / third party, if this happens. The according to article 6 of the UUHT, namely that the should be able to be carried out on all collateral objects that are burdened with mortgage rights without seeing the presence or absence of promises and even though there are still obstacles in the form of claims from the debtor / other party against the object of guarantee. This is intended so that the creditor will no longer experience difficulties in executing the object of the guarantee of the mortgage, because of the difficulties that have caused creditors to continue to experience losses. Meanwhile, on the other hand, the revision of the regulations regarding the execution of mortgage rights is expected to create synchronization in the regulation itself and can provide legal certainty for creditors in executing the object of guarantee of mortgage rights without having to go through court because the process in court takes a long time and is expensive.

매각대금이 완납된 후 배당이 이루어지기 전에 채무자에 대한 회생절차가 개시된 경우 저당권자의 법적 지위 - 대법원 2018. 11. 29. 선고 2017다286577 판결 -

저당권에 기한 경매가 개시되어 매각대금까지 완납되었는데 그 배당이 실시되기 전에 채무자에 대한 회생절차가 개시된 사안에서, 대법원은 매수인이 매각 부동산의 소유권을 취득하고 매각 부동산 위의 저당권이 소멸하더라도 저당권자는 이후 배당절차에서 그 저당권의 순위와 내용에 따라 저당부동산의 교환가치에 해당하는 매각대금으로 부터 피담보채권에 대한 우선변제를 받으므로, 경매절차에서 그 부동산이 매각되고 매수인이 매각대금을 다 납부하여 그 부동산 위의 저당권이 소멸하였더라도 배당절차에 이르기 전에 채무자에 대해 회생절차개시결정이 있었다면 그 저당권자는 채무자 회생 및 파산에 관한 법률 제141조의 회생담보권자에 해당한다고 보았다.<BR> 대상판결은 매각대금 완납으로 목적물 위의 저당권이 소멸한 때부터 배당이 이루어지기 전까지의 좁은 구간에서의 법률관계를 다루고 있다. 이와 관련하여서는 매각대금의 소유권 귀속 주체가 누구인지, 피담보채권이 매각대금 완납 후에도 여전히 저당권으로 담보된다고 볼 수 있는지 등이 문제되는바, 이는 채무자회생법, 민사집행법, 민법에 대한 종합적인 검토를 요하는 영역이라는 점에서 흥미롭다.<BR> 본고는 대상판결의 타당성을 검토하기 위하여 경매의 법적 성질, 매도인의 확정 등을 선행 문제로 살핀 후 이를 토대로 그 매각대금의 귀속 주체를 검토하였고, 또한 피담보채권이 매각대금 완납 후에도 저당권이나 그와 유사한 권리로 담보되어 있다고 보는 것이 물권법정주의나 민사집행법상 소멸주의에 반하는지 살펴보았다. 나아가 이러한 연역적 검토에 따라 도출된 결론이 과연 채무자 회생 및 파산에 관한 법률의 취지에도 부합하는지를 따져보았다.<BR> 위와 같이 검토한 결과, 통상의 유효한 경매에서는 매도인인 채무자가 목적물의 소유권을 이전한 대가로 그 매각대금을 취득하고, 매각대금 완납으로 목적물 위의 저당권이 소멸한 후에도 그 저당권의 효력이 매각대금에 여전히 미친다고 볼 수 있었으며, 그렇게 본다고 하여 물권법정주의 등에 반하는 문제는 발생하지 않았다. 이러한 연역적 검토 결과를 종합하면, 대상판결과 같이 저당권자는 매각대금이 완납 후 배당이 이루어지기 전에 회생절차가 개시될 시 회생담보권자로 취급되고 회생계획에 따라 그 채권을 변제받는다는 결론에 이르게 된다. 한편, 회생절차 개시로 인한 경매절차 중지효는 목적물의 환가가 회생에 유리한 경우도 고려에 넣고 있기 때문에 그 취지를 ‘담보목적물 등 특정 자산의 보전’에 한정할 수는 없다는 점, 금전의 높은 통용성이 회생에 기여한다는 점, 청산가치 보장의 원칙은 어디까지나 소극적 기능에 그칠 뿐 회생계획에 의하지 않은 변제까지 허용해 주는 적극적 기능을 하지는 않는다는 점 등을 종합하면, 대상판결의 타당성은 합목적성의 측면에서도 인정할 수 있었다.<BR> 회생절차는 파산절차에서보다 채권자의 지위가 충분히 보장되지 않을 수 있지만, 재건형 절차라는 그 본연의 특징으로 인하여 탄력적 운용이 불가피하다. 대상판결은 회생절차에서 문제되는 채권자의 지위와 관련하여 타당한 논거와 합목적성으로 뒷받침된 선례를 축적하였다는 점에서 그 의의가 있고, 본고는 이후에도 대법원이 다수의 판결을 통하여 회생담보권에 남겨진 여백을 채워나가기를 기대하는 바이다.

Factors Contributing to Energy‐related Financial Stress in Australia

This paper quantifies factors affecting energy‐related financial stress in Australia, a key economic challenge facing a minority of households. We find that low net wealth is a particularly important factor affecting difficulty in paying energy bills. Having insulation reduces reported difficulties in being able to heat and cool homes. The odds of not paying energy bills on time are doubled by households not having solar panels. Other important factors contributing to energy‐related financial stress include being a renter, being a mortgage holder, having a large number of occupants in a household, and having a resident who requires energy‐consuming medical equipment.

Sales and Purchase Agreement on Mortgage-Bound Land in Padang City

The research objectives are to: 1) find out the process of making a sales and purchase agreement for mortgage-bound land, 2) find out the implementation of the contents and resolution of the agreement when dispute in implementing the sales and purchase agreement for mortgage-bound land occurs, 3) find out the notary liability if a dispute in the sales and purchase agreement for mortgage-bound land occurs. This research is an empirical juridical that applies a descriptive analytical approach. Dispute resolution of sales and purchase agreements whose objects are mortgaged can be carried out through several stages including: a deliberation and consensus process where the seller invites the buyer to resolve the issue by submitting the cancellation of the sales and purchase agreement and returning all costs of the sales and purchase agreement as before or ask the seller to seek approval from the mortgage holder. In carrying out the position, the notary must be based on accuracy, precision, and exactness. There are three notary liabilities that cover administrative, civil and criminal liabilities. In the case of a sales and purchase deed whose object is collateral in a bank, the notary does not provide legal counsel to the agreement to be made by the parties and does not provide advice based on confidence in the limits of ability and in the field the notary has mastered.

Door Security Design using Radio Frequency Identification With a Short Message Service Warning System

In the workspace, when we are working at home it is vital for property holders to keep up vital records and information. In this manner, the security of the workspace entryway is extremely important to build security and it can avoid burglary when the workspace isn't utilized or relinquished. The easiest security for the entryway is introducing a manual key. Yet, manual key is anything but difficult to break. With advancement of entryway security innovation it utilizes watchword, finger check, and numerous others, yet security is just to open and shutting entryway. Yet, when the entryway was persuasively opened or harmed by hoodlums, the property holder still had no data that the entryway was broken. To conquer this issue, a framework that can supplant the manual entryway bolt to a more advanced entryway security framework is required with the goal that it is difficult to separate and can see whether the entryway is opened or harmed by a cheat. To run this framework, 3 parts are utilized, to be specific RFID card as a key re-arrangement apparatus, a sensor to gauge vibration on the entryway when it is constrained open or harmed by criminals and tells the mortgage holder by means of SMS

Legal Protection for the Creditor as the Mortgage Holder for Granting Loan Using Collateral Land and Building Against Bad-Loan Debtor

The writing of this article is based on a research that aims to analyze and identify the application of prudential banking principles in loan agreement by the bank as creditor for granting loans using collateral land and building as well as to analyze and describe legal protection for creditor as the mortgage holder for granting loan using collateral land and building against bad-loan debtor. The method used is normative legal research using statute and conceptual approaches. Based on the results of the study, mortgage certificate has a permanent, executorial and legal force. It has an executive force that is equivalent to a court decision that has permanent legal force and applies as a substitute for grosse acte hypotheek as long as it concerns land rights. To secure the loan granted to the debtor, the mortgage certificate holder, especially the Bank, has received legal protection in the form of a droit de preference (having precedence rights over other creditors), droit de suite, the ease of auction. In this case, the mortgage object is protected from bankruptcy and it cannot be divided into mortgage objects.

Status of mortgage holder of civil execution procedure- From the perspective of procedure security and forfeiture -

Status of mortgage holder of civil execution procedure- From the perspective of procedure security and forfeiture -

Pembebanan Jaminan Fidusia Dan Akibat Hukumnya

In mantaining the sustanablity of the developement, the actors of the developement either private person or legal entity need huge funds. To fulfill this need, it reqiures the existance of a monetery institue, either a banking or non-banking institute, which could provides capital loans or fundings on fiduciary mortgage loan. Fiduciary mortgage loan is frequently being used by debtors becouse this kind of mortgage loan comes with a lot of advantages. One of those is that the object of fiduciary mortgage loan is not required to be delivered and held by creditor, so that debtor could still make use it to runs his/her business.&#x0D; Problem formulation of this research as follows: how to burden a thing with fiduciary mortgage loan under the Fiduciary Mortgage Law 2). Is there any legal certainty in burdening a thing with fiduciary mortgage loan?. This research is aiming to find out how to burden a thing with fiduciary mortgage loan under the Fiduciary Mortgage Law, and whether there is any legal certainty in burdening a thing with fiduciary mortgage loan.&#x0D; This research used a juridical normative approach. It uses qualitative data obtained through library research. Data collecting in this research is carried out through documentary research. To analyze the data in this research, it uses descriptive-qualitative analysis.&#x0D; The research results reveal that the process of burdening a thing with fiduciary mortgage loan is carried out through two phases which are consist of burdening phase and registration phase. Burdenig phase is carried out through notarial deed. As for registration phase is carried out at the office of the fiduciary mortgage registration in the judicial departement office. The legal certainty form of notarial deed of burdening a thing with fiduciary mortgage loan is not only reflected through notarial deed but also the emergency of preferen right for the fiduciary mortgage holder (creditor) and the object of fiduciary mortgage loan is easy to execute.

Two hearts and a loan? Mortgages, employment insecurity and earnings among young couples in six European countries

Homeownership is increasingly understood by policy makers and social scientists as a fundamental asset against poverty risks, especially in times of economic uncertainty. However, in several Western countries, homeownership among younger generations appears to be increasingly difficult to achieve, likely a result of growing employment instability and stringent criteria to access credit. This article uses multinomial logistic models and nationally representative EU-SILC data from six European countries to examine (a) to what extent precarious employment among young couples is linked to being a mortgage holder; (b) whether earned income can compensate for employment instability in being a mortgagee; (c) cross-national differences in the relationship between being a mortgage holder, earnings, and employment insecurity. Our results indicate that the higher the levels of employment insecurity, the lower the chances of being a mortgage holder in all countries. Moreover, we find that at a given level of employment insecurity, households with higher levels of earned income have higher chances of being mortgage holders than households with lower earned income. However, while earned income has a stronger effect in achieving a mortgage among couples who have secure employment in Italy, earnings are more important among couples with lower levels of employment security in France, the UK, Spain and Poland. These results suggest that the relationship between social inequalities and housing is partially mediated by the national context.