The Legal Force of the Deed of Mortgage Rights

Oct 13, 2025 by windailys.com 129 views

Introduction

Mortgage is a legal instrument that provides certainty to the parties concerned, especially in the context of banking. In this case, Droit de Preference and Droit de Suite are the privilege of creditors holding mortgage rights. However, when the Object of Mortgage Rights burdens the guarantee for the repayment of creditors receivables, and information regarding the existence of these rights is not known by other parties, potential losses can occur. Therefore, the deed that contains mortgage rights must include clear information, including the type of receivables and guaranteed amounts, as well as objects that are guaranteed. This refers to the principle of specialty.

In the context of this research, the authors investigate several important questions: What is the legal force of the Deed of Mortgage Rights made by the Land Deed Making Officer (PPAT)? What are the terms and mechanisms in providing bank credit? What is the mechanism for registration of mortgage objects in the implementation of bank credit and legal protection implemented at PT Bank Sumut Branch Binjai?

The Legal Force of the Deed of Mortgage Rights

To answer the first question, empirical legal research was conducted using data collection methods which included literature studies and interviews with related parties at PT Bank Sumut Branch Binjai. The results showed that the Deed of Mortgage Rights have a legal legal force if it meets a number of conditions: the procedure for making the correct deed, the authenticity of the deed made by PPAT, meets the requirements of speciality and publicity, including the executorial title on the Mortgage Certificate, and meets the specified form by laws and regulations.

The legal force of the Deed of Mortgage Rights is crucial in ensuring that the mortgage rights are recognized and protected by the law. The deed must be made in accordance with the procedure and requirements set by the law, and must be authenticated by the PPAT. This ensures that the deed is valid and binding, and that the mortgage rights are protected.

The Mechanism of Providing Bank Credit

The mechanism for granting bank loans for debtors at PT Bank of North Sumatra takes place through several stages, namely: Submission of credit requests, files of files, credit feasibility assessment, and the approval of credit granting. After this process is completed, the bank issued a credit approval notification letter, which is an initial indication that the bank is ready to provide credit facilities to the debtor.

The mechanism of providing bank credit is an important aspect of the banking system. It ensures that the bank is able to provide credit facilities to debtors in a timely and efficient manner. The process of submitting credit requests, assessing credit feasibility, and approving credit granting is crucial in ensuring that the bank is able to provide credit facilities to debtors who are able to repay the loan.

The Registration of Mortgage Rights Guarantee

Furthermore, the registration of the Mortgage Rights Guarantee at PT Bank Sumut Branch of Binjai City through several steps. These stages include: Signing of the debt agreement, binding guarantees, the process of registration of mortgage rights in the Land Office - which is the moment of the birth of mortgage rights -, the decision to grant credit, and finally distribution of funds.

The registration of mortgage rights guarantee is an important aspect of the banking system. It ensures that the mortgage rights are recognized and protected by the law, and that the debtor is aware of the mortgage rights. The process of registering the mortgage rights guarantee is crucial in ensuring that the mortgage rights are protected and that the debtor is aware of the mortgage rights.

The Legal Protection for Creditors

The legal protection for creditors of mortgage holders includes the right to prioritize in the repayment of debt (Droit de preference) and the right to follow the object of guarantee in the hands of anyone (Droit de Suite). By fulfilling the principle of specialty and publicity, mortgage rights can bind third parties and provide legal certainty for interested parties.

The legal protection for creditors is an important aspect of the banking system. It ensures that the creditors are protected and that their rights are recognized and protected by the law. The principle of specialty and publicity is crucial in ensuring that the mortgage rights are recognized and protected by the law, and that the creditors are aware of the mortgage rights.

Conclusion

Overall, the mechanism for registration of mortgage objects at PT Bank Sumut Binjai Branch provides a strong legal basis for creditors and debtors in conducting banking transactions. This guarantees legal certainty, so that the process of implementing credit and legal protection can take place effectively and efficiently.

The mechanism for registration of mortgage objects is an important aspect of the banking system. It ensures that the mortgage rights are recognized and protected by the law, and that the debtor is aware of the mortgage rights. The process of registering the mortgage rights guarantee is crucial in ensuring that the mortgage rights are protected and that the debtor is aware of the mortgage rights.

In conclusion, the mechanism for registration of mortgage objects at PT Bank Sumut Binjai Branch provides a strong legal basis for creditors and debtors in conducting banking transactions. This guarantees legal certainty, so that the process of implementing credit and legal protection can take place effectively and efficiently.

Q1: What is the purpose of registering mortgage objects in the implementation of bank credit and legal protection?

A1: The purpose of registering mortgage objects is to provide a strong legal basis for creditors and debtors in conducting banking transactions. This guarantees legal certainty, so that the process of implementing credit and legal protection can take place effectively and efficiently.

Q2: What are the benefits of registering mortgage objects?

A2: The benefits of registering mortgage objects include:

Providing legal certainty for creditors and debtors
Ensuring that mortgage rights are recognized and protected by the law
Preventing potential losses due to unknown mortgage rights
Facilitating the process of implementing credit and legal protection

Q3: What are the steps involved in registering mortgage objects?

A3: The steps involved in registering mortgage objects include:

Signing of the debt agreement
Binding guarantees
Registration of mortgage rights in the Land Office
Decision to grant credit
Distribution of funds

Q4: What is the role of the Land Deed Making Officer (PPAT) in the registration of mortgage objects?

A4: The PPAT plays a crucial role in the registration of mortgage objects. The PPAT is responsible for authenticating the deed and ensuring that it meets the requirements of speciality and publicity.

Q5: What is the principle of specialty and publicity in the registration of mortgage objects?

A5: The principle of specialty and publicity requires that the deed be made in accordance with the procedure and requirements set by the law, and that it be authenticated by the PPAT. This ensures that the deed is valid and binding, and that the mortgage rights are protected.

Q6: What are the consequences of not registering mortgage objects?

A6: The consequences of not registering mortgage objects include:

Potential losses due to unknown mortgage rights
Lack of legal certainty for creditors and debtors
Difficulty in implementing credit and legal protection

Q7: How can creditors and debtors ensure that their mortgage rights are protected?

A7: Creditors and debtors can ensure that their mortgage rights are protected by:

Registering their mortgage objects in the Land Office
Ensuring that the deed meets the requirements of speciality and publicity
Authenticating the deed with the PPAT
Keeping records of the mortgage rights

Q8: What is the role of the bank in the registration of mortgage objects?

A8: The bank plays a crucial role in the registration of mortgage objects. The bank is responsible for:

Providing credit facilities to debtors
Ensuring that the mortgage rights are recognized and protected by the law
Facilitating the process of implementing credit and legal protection

Q9: What are the benefits of using a mortgage deed?

A9: The benefits of using a mortgage deed include:

Providing legal certainty for creditors and debtors
Ensuring that mortgage rights are recognized and protected by the law
Preventing potential losses due to unknown mortgage rights
Facilitating the process of implementing credit and legal protection

Q10: How can creditors and debtors ensure that their mortgage rights are recognized and protected by the law?

A10: Creditors and debtors can ensure that their mortgage rights are recognized and protected by the law by:

Registering their mortgage objects in the Land Office
Ensuring that the deed meets the requirements of speciality and publicity
Authenticating the deed with the PPAT
Keeping records of the mortgage rights