Better to know that a mortgage is a person who mortgages and brings property of himself to guarantee for paying debt to a mortgagee. He did not hand over property tothe mortgagee. Property that will be brought to the mortgage needed to register for mortgaging to the following land code officer of laws and have to be real estate which is the land and theproperty that attach permanently or compose to be the same one with a land or movable properties like ships, motor ships, engine rafts, transportation animals.
When registering to the mortgage is successful , it makes the right of the mortgagor and mortgagee which is the right of a mortgager. It means he or she needs not to hand in the mortgage property to the mortgagee. Thus, even if property which will be used to the mortgage is guaranteed to pay debt ,then the mortgager is still an owner as usual ,owns and takes the advantage of the mortgage property continuously. The right of the mortgagee is he or she who has the right to get payment a debt from the mortgage property before a normal creditor forcing to pay debt from the mortgage property. No matter mortgage property will transfer to whoever, the mortgage naturally attaches to mortgage property.
Nevertheless, even if the mortgage is guaranteed to pay debt by using the property. It makes the mortgagee feel confident what is going on him or her , he will get payment a debt. However, if we study thoroughly the mortgage , it has caution which the mortgagee should understand, for example, using the mortgage property to auction for paying debt then getting the net number of money less than money thatowes. How much is it still lacking so the debtor needs not to take responsibility for the rest of money. In addition, forcing to mortgage will force to get the property which is registered to the mortgage only. It cannot force to the other property which did not register to the mortgage. Mortgaging a land specifically does not cover a house or tenement which is built later. Moreover, speaking of the mortgage, the mortgagor has to beware of contacting to theland owner or mortgage property directly. He or she should check that the mortgage property is exist because if the mortgagor uses the property of another person to guarantee for paying a debt even if how the mortgagee is honest, a real owner has right to follow for taking it back without relieving.