The effectiveness of mortgage registration as a guarantee to protect the mortgage creditor

Nazzal, Haider Mahdi

doi:10.63677/jqlap.2025.164279.1403

	The effectiveness of mortgage registration as a guarantee to protect the mortgage creditor
AL-Qadisiya Journal For Law and Political Sciences
Article 38, Volume 16, Issue: 2 part 1, September 2025, Pages 815-828 PDF (719.87 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.164279.1403
Author
Haider Mahdi Nazzal^*
College of Law - University of Nahrain
Abstract
We can say that the mortgage today is one of the most important insurances and guarantees in kind granted by the law to the mortgage creditor within many legislations in the field of civil and commercial financial transactions. What enhances the strength of this legal guarantee is the necessity of registering it in the Real Estate Registration Department, which is not only a formal procedure, but rather It is a legal and executive guarantee for the mortgaged creditor to confront the debtor’s reluctance or delay or failure to pay his due debt. This comes thanks to the advantages that this registration grants to the mortgage creditor, as it gives him the right to take precedence over other ordinary creditors or mortgage creditors who are next to him in registration and to track the mortgaged property in whatever hand it is in order to sell it and take his due debt from the price of this property. In addition to other advantages, however, the practical reality has revealed to us that there are many challenges, including legislative, judicial, and administrative, that face the effectiveness of registering the mortgaged property in Iraq as a guarantee for the protection of the mortgage creditor, which need to be addressed and cooperated between all the aforementioned parties. This study attempts to discuss them and find solutions. suggested to her.
Keywords
mortgage registration; security; mortgagee

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