Enforcement of a mortgage

Download document:

Enforcement of a mortgage - .PDF file.

The judgment discussed in this briefing highlights how a mortgage can be enforced by the Execution Court in the event a debtor defaults on paying the mortgage instalments. The mortgage deed, in this case, was silent on the issue of obtaining attachments over mortgaged property.

A Home Finance provider (the creditor- mortgagee) sought an order against a debtor (mortgagor) for an attachment to be levied on property and for the sale of land by public auction in order to collect a debt amounting to AED 1,637,807.22 from the proceeds of the sale. The Home Finance provider had given the debtor a mortgage in the amount of AED 1.6 million to construct a villa on the plot  pursuant to a mortgage contract attested by the Land Department.

The debtor defaulted on paying the mortgage installments and as a result, the Home Finance provider filed an application with the Execution judge of the Dubai courts to enforce the mortgage deed…

If you are registered and logged in to the site, click on the link below to read the rest of the Al Tamimi & Company briefing. If not, please register or sign in with your details below.