Difficulties in realizing the mortgage

The mortgage is a very effective security because it allows the mortgagee to take possession of the mortgaged property at the agreed maturity date and after formal notice, by conventional attribution, judicial attribution and seizure of property. It is these modes of attribution that we have otherwise called the realization of the mortgage. However, this realization may encounter many difficulties or the cancellation of the hypothec or the release of the hypothec if the parties have not taken care to comply with all the provisions of the Uniform Act Organizing Securities as described in this reflection as well as all the conditions of validity of the contract provided for in the Congolese Civil Code Book III, since these parties are bound to the hypothec contract. Thus, it is appropriate to know that it is not enough to lend against a mortgage but care should be taken to ensure that the nature of the mortgaged property, the status of the settlor, the time limit for referral to the competent court, the prior valuation of the said property by a real estate expert and so many other conditions mentioned to ensure that the mortgage is carried out without difficulties.