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1
Povedyonkova, І. "Mortgage for Land Plots." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 247–52. http://dx.doi.org/10.24144/2788-6018.2023.05.43.
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The information discussed relates to the legal aspects of mortgaging land plots located in Ukraine. The joint ownership of land implies the division of the land plot into shares between co-owners. A land plot may be mortgaged with the consent of all coowners in accordance with the current legislation of Ukraine, namely the Civil Code of Ukraine, the Land Code of Ukraine, the Family Code of Ukraine, the Law of Ukraine "On Mortgage”, the Law of Ukraine "On Notaries”.
The designated purpose of a land plot plays an important role in its use for intended purpose; if the land plot is used for another purpose, it is necessary to change the designated purpose based on the current legislation of Ukraine. Changing the designated purpose of a land plot can be a complicated process and requires good reasons. In particular, agricultural land plots may be pledged only by banks with a relevant license.
According to the applicable laws of Ukraine, mortgagors are not restricted in their rights in connection with the signing of the mortgage agreement and have the right to use the land plot for its intended purpose, to construct houses, estates, buildings, etc. on the mortgaged land plot, unless otherwise provided for in the agreement. In the case of a mortgage of land plots with existing buildings, structures and plantations owned by third parties, their rights and obligations may be transferred to the mortgagee upon foreclosure on such land plot only in the event of failure to comply with the terms of the loan and mortgage agreement.
When entering into a mortgage agreement, under the current legislation of Ukraine, the said agreement must be notarized. The documents required for the notarization of a mortgage agreement for a land plot include the location, composition and designated purpose of the plot, its value and title, etc.
When reviewing this information, it is important to keep in mind that a mortgage on a land plot has its own specific restrictions and requirements based directly on the current legislation of Ukraine.
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Ainsyiyah, Elmas Dwi, and Imman Yusuf Sitinjak. "The authority of Land Deed official in binding processes in the bank in Indonesia." Research, Society and Development 9, no. 8 (August 6, 2020): e986986936. http://dx.doi.org/10.33448/rsd-v9i8.6936.
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This paper is aimed at further researching two problems which question the role of PPAT (Pejabat Pembuat Akta Tanah) to implement credit binding in the bank. PPAT is an official certifier of title deeds which is made and used as evidence that certain legal actions have been carried out regarding land rights or ownership rights in Indonesia. This paper will also discuss the implementation of making mortgage rights on bank loans. The method used was through analytical descriptive methods with normative juridical approach. Data were collected through literature research that were analyzed qualitatively through juridical interpretation based on relations between legal principles approach based on the legal material by examining the theories, concepts, principles of law and legislation. It is found that the authority of the PPAT on granting land mortgage rights on bank loans is where the PPAT handles the implementation of credit agreements in the Bank until the granting of mortgage rights can be placed on the said land. The implementation of making mortgage rights on bank loans was followed by a promise to provide mortgage rights. The granting of Mortgage Rights is also preceded by an assurance to arrange for Mortgage Rights as a guarantee of paying off certain debts, which are set forth in the debt agreement concerned or other agreements that cause the debt.
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Ponka, Viktor F. "Protection of the Rights of Participants in Mortgage Legal Relations in the Law of Germany." Proceedings of the Southwest State University. Series: History and Law 11, no. 5 (2021): 87–95. http://dx.doi.org/10.21869/2223-1501-2021-11-5-87-95.
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Relevance. For many years in the Russian Federation there has been a steady growth in mortgage lending, which makes it especially important to find ways to improve the legal regulation of mortgage legal relations on the basis of analysis of domestic and foreign experience in this area. Mortgage lending is the most important source of funds for purchasing real estate by citizens of the Russian Federation and foreign countries. In this connection, legal regulation of relations connected with such lending requires continuous development based on a balanced consideration of the interests of debtors and creditors as participants in mortgage legal relations. The analysis of foreign experience in the regulation of mortgage legal relations, including the experience accumulated and fixed in the German legislation, is most important for the solution of this problem. The purpose of the study is to develop theoretical provisions aimed at improving the legal regulation of mortgage legal relations in order to protect the rights of their participants. Objectives: to reveal features of legal regulation of relations connected with granting mortgage loans and pro-tection of rights of their recipients in German legislation; to investigate features of providing balance of interests of mortgage debtors and creditors in German legislation; to determine directions of further development of legal regulation of the considered questions. Methodology. The author relied on the dialectical-materialistic method, the systematic method, methods of analysis and synthesis, the formal-legal method. The results of the research are are of theoretical and applied nature and are aimed at improving the quality of legal regulation of civil relations. Conclusions. The conclusions made in the article are of debatable character, directed to the continuation of researches within the framework of the declared subject, directed to the development of the basic principles allowing uniformly to solve the problems connected with development of legal regulation of questions of mortgage crediting in the Russian Federation taking into account foreign experience. The article is a continuation of the author's research on the issues related to the legal regulation of mortgage lending in the Russian Federation and abroad.
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Peres, Zsuzsanna. "Land Politics in Hungary between the Two World Wars." Krakowskie Studia z Historii Państwa i Prawa 4 (2011): 95–107. http://dx.doi.org/10.4467/20844131ks.12.008.0509.
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Land Politics in Hungary between the Two World Wars The paper discusses the Hungarian legislation that regulated the ownership referring to real property in the period between the World Wars. The discussion included also the review of the law on colonization and division of the land, as well as the law on bank loans offered to those who were professionally engaged in farming. In addition, the authoress made an analysis of the archaic institution of fideicomissum. While depicting the background of legislative efforts of the time, the authoress recalled the developments that took place prior to the discussed changes in the ownership relationships. Therefore she discussed also the 19th century reforms that abolished serfdom and serf labour, introduced the land and mortgage register etc.
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Donkor-Hyiaman, Kenneth Appiah, and Kenneth Nii Okai Ghartey. "Legal origins and mortgage finance contradictions." International Journal of Housing Markets and Analysis 10, no. 1 (February 6, 2017): 156–79. http://dx.doi.org/10.1108/ijhma-03-2016-0019.
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Purpose This study aims to examine why Ghana has English legal origins (hypothesised as a legal framework that promotes financial development) but has not developed a well-functioning mortgage finance market. Design/methodology/approach The authors adopt the institutional autopsy approach developed by Milhaupt and Pistor (2008). This study is not a cross-country study but a historical examination of Ghana’s mortgage finance regulatory framework. The institutional autopsy framework considers the iterative process of change in a system and allows for context-specific system analysis. Findings The authors note that for a long period of about 68 years (1940-2008), some of the legal rules regulating mortgage finance were not typical of the hypothesised characteristics of the English common law tradition. These rules, including, interest rate controls, excessive entry barriers, loan default guarantee discriminations and complex foreclosure procedures, tended to inadequately protect creditors. In the context of the history of military rule and law-making, judicial discretion that could have promoted legal efficiency and strengthened contract enforcement was also limited. During this period, the legal system demonstrated a concentrated and coordinative character. New legislation in the form of the Home Mortgage Finance Act 2008 (Act 770) attempts to resolve some of these bottlenecks and improve creditor rights protection. Research limitations/implications The study focuses solely on how the legal institution affects creditor protection and mortgage finance in Ghana. Practical implications Policy-wise, the study deepens the understanding of the channels through which the law affects the development of mortgage finance. Originality/value To the best of the authors’ knowledge, the methodology used (institutional autopsy) is novel in the context of analysing mortgage finance.
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Zaradkiewicz, Kamil. "Future of the Euromortgage conceptPart 1: Solutions in selected European countries." Nieruchomości@ I, no. I (March 31, 2023): 9–32. http://dx.doi.org/10.5604/01.3001.0016.3036.
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Since the 1960s, there has been discussion regarding the introduction of a flexible real estate pledge law in Europe that could serve to ensure security above all for cross-border loans. Although this issue is not currently undergoing detailed analysis, due to a number of significant changes in variousEuropean legislations, including in Polish law, anticipating new solutions in mortgage law, it is worth considering anew whether they and which ones might constitute a possible model for future security in rem in European Union law. The first section of the article outlines the historical background of solutions breaking with the Roman model of accessory pledge rights, and presents a few selected modern mortgage systems, in which there has been a significant departure from the principle of pendency of collateral security on real estate above all the German, Slovenia, Swiss, French, Estonian and Hungarian systems. Slovenian practice may be taken as an example of solutions that have not worked out in practice due to abuses related to the establishing of a non-accessory pledge right to the detriment of creditors seeking the satisfaction of other debts from the property of the owner of the encumbered property.
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Mala, Iva, Arini Putri, Aminah Firdausi, and Kadek Renitayani. "INTERNALISASI EKSEKUSI JAMINAN HAK TANGGUNGAN DALAM PEMBIAYAAN KREDIT PADA BANK SYARIAH INDONESIA (BSI) KOTA MALANG." Qawãnïn Journal of Economic Syaria Law 6, no. 1 (June 27, 2022): 21–35. http://dx.doi.org/10.30762/qawanin.v6i1.2.
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The Financial Institution under the government and supervised by the OJK regarding credit financing in accordance with sharia provisions is the Indonesian Sharia Bank. This study uses a normative juridical approach with a descriptive approach, primary data sources and secondary data from documentation and legislation. The technique in this study uses observation and interviews. The results of this study used the internalization of the Law of the Republic of Indonesia Number 21 of 2008 concerning Islamic Banking and the Law of the Republic of Indonesia Article 6 concerning Mortgage Rights. The obstacles faced in this study are the delinquency of various characteristics of debtors who ignore their installments. Efforts made to overcome these problems are through mediation, fostering to sell the object of mortgage guarantee together and if this method does not produce results, it will be carried out with a court decision. It is hoped that the increase in the survey of the object of the mortgage guarantee can be evaluated again before approving the loan application from the debtor.
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Persson, Annina H., Ann-Sofie Henrikson, and Karin Lundström. "Household Credit, Indebtedness, and Insolvency." European Review of Private Law 21, Issue 3 (May 1, 2013): 795–814. http://dx.doi.org/10.54648/erpl2013042.
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Abstract: The problem of excessive debt among households in Sweden is increasing. As a result of the development within the financial sector, households in Sweden have increased their debt incurrence markedly. It has been relatively easy to borrow money, due to the deregulation of the credit market in Sweden in the 1990s and the low interest rates in recent years. As mortgage loan is the bulk of the total household debt, the risk that individuals will be affected by excessive debt incurrence and insolvency has therefore increased. Therefore, a number of new legislative changes have been implemented to overcome this problem. In order to prevent these risks, the Financial Authority has adopted a rule that stipulates that new loans should not exceed 85% of the property market value. Reports from both the Swedish Enforcement Authority and the Swedish Financial Supervisory Authority show that 20% of Swedish households have a difficult time making ends meet. Those who are affected by excessive debt often experience a lower standard of living since frequently they are impacted by distraint. The aim of this paper is to describe and analyze the excessive debt situation in terms of insolvency and effects on households and society. Firstly, we intend to investigate foreclosures in Sweden, both regionally and over time. Why are certain regions less frequently affected by these risks while other regions show higher levels of risk even during generally good years? Secondly, we will investigate whether (a) whether properties that have undergone executive auction are sold at a lesser value, (b) if these properties have an impact on the property prices in the vicinity and (c) if those who buy these properties themselves run a greater risk of insolvency. Thirdly, a closely related area of legal interest is investigating to what extent legislation provides a protective net for the debtor who, through the executive auction, thereby loses his/her residence.
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Tupitska, Yevgenia O. "Legislative Regulators That Will Determine the Dynamics of Credit Agreements During the Period of Martial Law in Ukraine." osteuropa recht 69, no. 2 (2023): 249–62. http://dx.doi.org/10.5771/0030-6444-2023-2-249.
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The article examines the peculiarities of legislative changes that took place in the field of credit regulation and were implemented in Ukrainian legislation in connection with the introduction of martial law as a result of the armed aggression of the Russian Federation. The impact of crisis situations on the functioning of the country's financial sector is analyzed and a conclusion is made about the effectiveness of their legislative regulators. Different types of contractual structures within which credit legal relations may arise are considered, it is proved that the relevant legislative changes apply not only to traditional, typical credit agreements, such as loan agreements, but are also indirectly applied to other contracts in which crediting is an additional condition for carrying out mutual settlements between the parties of the corresponding obligation. The article pays special attention to the definition of force majeure circumstances that relieve the borrower from responsibility for non-fulfillment of the terms of the credit agreement or mitigate such responsibility. Peculiarities of execution of mortgage contracts are studied, as well as precedents of judicial practice arising from the resolution of disputes between the parties to the credit agreement.
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Sein, Karin. "Transposition of the New Consumer Credit Directive in Estonia." European Review of Private Law 20, Issue 2 (April 1, 2012): 435–46. http://dx.doi.org/10.54648/erpl2012026.
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Abstract: On 30 September 2010, the Estonian Parliament adopted amendments to the Law of Obligations Act (LOA) aimed at implementing the new EU Consumer Credit Directive into Estonian legislation. These amendments entered into force on 1 July 2011, thus over a year later than the mandatory transposition deadline under the Directive. The reason for the delay was the fact that on 1 January 2011 Estonia joined the euro zone and the Estonian credit institutions were not ready to face two substantial challenges - introduction of the euro and coping with the new requirements of the Consumer Credit Directive - simultaneously. The transposition of the Directive has led to extensive amendments in the chapter of consumer credit contract, but a major reform of the general contract law was not required. The article discusses the transposition of the new Directive into Estonian law, paying particular attention to issues where the Member States have been granted regulatory discretion. All in all, the new Consumer Credit Directive aiming at maximum harmonization has been correctly transposed into Estonian law. The article also shows that the Estonian legislator, while in pursuit of higher consumer protection standard, has considerably expanded the scope of application of the consumer credit regulation to cover areas (e.g., small-scale loans and mortgage credit) beyond those of the Directive. This in turn is not helping to put an end to legal fragmentation of consumer credit regulation across the EU as creditors from other Member States willing to offer consumer credit products in Estonia are still facing somewhat different consumer credit provisions than the one in force in their home countries.
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Grundmann, Stefan, and Nikolai Badenhoop. "Foreign Currency Loans and the Foundations of European Contract Law – A Case for Financial and Contractual Crisis?" European Review of Contract Law 19, no. 1 (April 1, 2023): 1–36. http://dx.doi.org/10.1515/ercl-2023-2002.
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Abstract Loans with variable interest rates indexed to foreign currencies carry a double risk for borrowers: a rise of interest rates and an adverse development in the exchange rate. While they therefore could have been forbidden for consumer credit, they are allowed both at EU and (most) national levels. Consumer credit arrangements indexed to foreign currencies that were legal in principle have raised enormous problems when they occurred in large numbers in Eastern and Central European countries and reference was not directly written into the terms (like in Romania), but could change with additional discretionary decisions (such as in Poland and Croatia). While Croatia has introduced special legislation to cure the overall problem, Polish cases are potentially not only causing a systemic risk for the whole banking system, but abundantly are the subject of CJEU case law. This triggers the core interest in contract law, namely an unheard-of relevance in EU law of general and more specific questions of the law of restitution – on the basis of unjust enrichment and/or of damages. This article presents the following five main theses. Firstly, while the Unfair Contract Terms Directive (UCTD) contains too vague a scheme of remedies/sanctions for detailed answers, the overarching benchmark is clear, namely a fair balance of interests and the meeting of justified expectations, which the parties, especially on the consumer side, could have had at the moment when the loan was issued. Secondly, general (EU) principles of unjust enrichment, as well as of damages, are recognised by the CJEU in EU law. They order the restitution of what was gained above the status quo ante, but could not have been acquired on markets even by informed and proper contracting at that time and/or the restitution of losses incurred as compared to the status quo ante. Thirdly, Articles 23 and 24 of the Mortgage Credit Directive (MCD) constitute a suitable model around which a set of claims in unjust enrichment can be shaped and can be applied also to old cases. Fourthly, any windfall profit of borrowers (gain beyond what could have been achieved at the moment of formation of the contract) has to be avoided in the name of fairness and justified expectations – which are recognised in CJEU case law as the two main benchmarks of the regime of sanctions of the UCTD. Finally, a fair restitution regime is reached if the borrower, who had not been properly informed (with the nullified clause), can now make an informed choice between the different offers that were offered on markets when the loan was issued. Thus, he/she could now opt for a loan in either the national currency plus applicable interbank interest rate (in the Polish case Zloty tied to WIBOR) or their foreign currency counterparts (i.e. a loan in CHF tied to LIBOR). Expropriation (of banks) of the loan capital, as well as the possibility to use that capital to generate interest have to be avoided, for penalisation is neither an aim of European contract law nor of the UCTD.
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Cretu, Georgeta, and Camelia Spasici. "Considerations regarding the Particularities of Credit Agreements for Consumers relating to Immovable Property according to the Provisions of Government Emergency Ordinance no. 52/2016." Logos Universality Mentality Education Novelty: Law 8, no. 2 (December 12, 2020): 17–34. http://dx.doi.org/10.18662/lumenlaw/8.2/42.
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As part of the transposition procedure into the national legislation of Directive 2014/17/EU on credit agreements for consumers relating to real estate immovable properties, was adopted Government Emergency Ordinance no. 50/2010 on credit agreements for consumers. The provisions of the normative acts are should apply exclusively for: credit agreements for consumers who sell immovable property, credit agreements secured by mortgages on real estate property and credits agreements involving a legal right related to residential immovable property. A credit agreement for consumers is the agreement through which a creditor grants or promises to grant to a consumer a credit to acquire an immovable residential property in the form of a deferred payment, loan or any other similar accommodation. According to the law, residential immovable property means the land or an existing or projected building that is the object of a real estate investment. The real estate investment may consist in: acquiring the property rights in a residential immovable property through legal acts by onerous title, improving a residential immovable property, refurbishing, rehabilitating, consolidating or extending it etc. The study of the normative acts mentioned above presents theoretical and practical interest from the general perspective of consumer protection and, in particular, through the economic and legal importance of the material object of credit agreements, respectively the residential immovable property. This paper is structured in three parts: “The Consumer Credit – an Overview”, “Credit Agreements Secured by a Mortgage” and “Credit Agreements for Consumers Relating to Residential Immovable Property”.The legal approach ends with conclusions.
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Dobrescu, Vasile. "Landmarks in the Evolution of the Main Types of Banking Operations of Albina in Sibiu 1872-1946. II." Acta Marisiensis. Seria Historia 3, no. 1 (December 1, 2021): 25–44. http://dx.doi.org/10.2478/amsh-2021-0004.
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Abstract The 75 years history of Albina Bank reflects in its main characteristics that particularize it in the modern banking system the forms and crediting policies present in its statutes. The initial focus of the Albina Bank board was to activate a diverse palate of credit activities – in the first statute of the bank we can find no less than 15 types of loans. Few were actually accommodated, according to the possibilities of financing and also related to the social and economic background of the future debtors that came, the majority until 1918 from the rural areas. More so, the bank took into account the economic, financial and political context where the Romanian elite from Transylvania activated. Thus, in the first period of activity of the Albina bank its board will activate the most mobile types of crediting (credit of input and lending with public collaterals) wanting to increase the funding sources. Later on, after a period of stability with regard to its financing capacity the bank will activate the mortgages and credits with bills of exchange covered by mortgage more suitable for economic investments in the rural areas with the perspective to use the higher lending for larger scale investments to modernize the land properties and acquiring land properties. In the same time for the everyday needs of the small owners the bank will open the so-called peasant credits or credits on agricultural products. For the needs of merchants and craftsmen the bank will introduce the overdraft. Until 1914 the credit of input and the mortgages will predominate. The mortgages will be backed financially by the ability of the bank to issue land bills. Next in value we can find credits with bills of exchange covered by mortgage, followed by the overdraft rather unstable in earnings. The credits for peasants and the credits on agricultural products were dropped at the beginning of the 20th century. A special place had the buying of the bills of exchange that Albina has issued in the first two decades of its existence to support its own banking business. Later on, with the development of its own liquidities it started to offer credits and buy bills of exchange from a large number of Romanian banks and credit institutions this turning Albina into a major trader in bank securities intermediating buying and selling of bills of exchange between Romanian and Austro Hungarian banks until 1918, preserving this role even in the interwar period for some of the small and mid-size banks. The bank will also acquire shares and public effects to consolidate its financial capability. The negative consequences of World War 1 were reflected in the drop in the nominal and real value of the bank’s business but also the crediting policies by reevaluating the volume of the main crediting activities. Thus the value of the mortgages and the exchange credits has decreased and the overdrafts became dominant by 1924, maintaining first place in the activity of the bank even after. The major political changes after the unification and the economic changes brought in by inflation, conversion, and depreciation of the currency along with the financial practices of the Old Kingdom banking system will bring about new options in the crediting policy of the bank in the post-war period. First, the bank sought to diversify the crediting targets to expand the lending to companies and industrial enterprises. This opening towards the urban environment imposed faster trading of capital and the transformation of the credits. They became more mobile, the long-term credit being reduced gradually until its extinction. The overdraft and the credits with bills of exchange will be preferred and the credits with bills of exchange covered by mortgage will diminish until their disappearance from the accounts starting with 1934. The economic crisis between 1929 and 1933 will negatively impact the bank. The debts, especially those of the peasant clients, will be blocked. This situation will be partially resolved by the Conversion of Debt Law in April 1934 but has impacted greatly its financial capabilities. The law for the organization of banking commerce in June 1934 will help bank Albina to redefine its crediting policies towards more mobility but the rhythm of its progress will be slow until the Second World War. The accounts of the bank show a focus towards more mobility in crediting. There were two main directions in the bank activity. Of exchange credit and overdraft with titles, mortgages, and goods as collateral. Then there were the shares and titles portfolios, the debt conversions, the long-term lending (not significant and registered only until 1940), and the real estate portfolio. Concluding we note that the crediting mode of Albina was structured over time, based not just on the financial resources, intentions, and bank policies but was influenced by the changes in legislation that organized the everyday functioning of the financial and banking business, and overall they were influenced by the economic and geopolitical context.
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Artemenko, R. M. "Legal regime of business partnership property (considering international experience)." Law and Safety 89, no. 2 (June 29, 2023): 145–54. http://dx.doi.org/10.32631/pb.2023.2.13.
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The article concludes that property as a special object is a separate thing, a set of things, as well as property rights and obligations. This understanding, despite the existence of certain terminological differences, coincides with its general understanding in the system of legal knowledge of certain countries of the Romano-Germanic legal family, in particular, countries with a pact system of law, and corresponds to the content of Article 1 of Protocol 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. In the legal literature, it includes any economic benefits, objects of both the material and intangible world, which are in the state of appropriation of a person. At the same time, the word “property”, as used in Article 1 of Protocol 1 to the Convention, refers to an object of economic value. In this sense, property is an economic category and synonymous with the economic concept of “ownership”. This is also indicated by the use of such concepts as “assets”, “funds”, “profit”, “goodwill”, “accumulated intangible assets of the enterprise”, “property of economic value” in the ECHR judgments to describe the category of property.
From the legal point of view, it is justified that only things, collections of things, and animals are considered by the legislation and doctrine of the countries of the continental legal system as objects of property rights or other property rights. They are the only ones empowered with a legal regime of things. Such types of benefits as property rights (legal claims) and obligations cannot be owned by a person on the basis of property rights. They may have the legal regime of objects of intellectual property relations, obligations, corporate relations, but not ownership or other property rights.
It has been established that property rights are not the only means of securing the assets of business entities. They may also be owned by the latter on the basis of other rights (e.g., obligatory rights). It has been proved that in this case, a business company is not an owner, but, for example, a lessee (tenant), a user under a loan agreement, a mortgage agreement as a mortgagor, etc.
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Gilsinan, James F., Muhammed Islam, Neil Seitz, and James Fisher. "Discretionary justice." Journal of Financial Crime 22, no. 1 (January 5, 2015): 5–15. http://dx.doi.org/10.1108/jfc-02-2014-0009.
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Purpose – The purpose of this paper is to understand the reasons why some financial crises do not result in extensive criminal prosecutions. Design/methodology/approach – The authors examine three major events: the crash of 1929 leading to the Great Depression, the collapse of the US Savings and Loan industry circa 1990 and the sub-prime mortgage meltdown. The authors explain how circumstances surrounding these financial collapses led to stark differences in criminal prosecutions. Findings – This review of prosecutions during three financial crises underscores the contingent nature of seeking criminal penalties for financial wrongdoing. The decision is influenced by a number of factors, including a prosecutor’s level of risk tolerance (probable win test); the potential economic impact of a successful conviction; the number of laws and regulations available in the prosecutorial tool kit; and the desired outcome which can range from new regulatory structures, to prosecutions that fix blame and satisfy the desire for scapegoats, to seeking financial penalties that shore up the government’s bottom line. Research limitations/implications – This study covers three crises and focuses on the US responses. A broader study could look across countries. Practical implications – Regulators and lawmakers are interested in avoiding future crises. Because crises are not anticipated, responses are determined by conditions of the moment. A frequent result is that laws and regulations are not in place. Decisions about likely preferred responses would allow anticipatory legislation and regulations. Social implications – Financial crises obviously have major implications for ordinary citizens far removed from the centers of finance. Improved responses to mitigate or avoid disasters would have profound impacts on people’s quality of life. Originality/value – The three crises have been studied individually. This work is different in that it examines the impact of a common set of factors over three crises covering a span of 80 years.
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Nada, Yulia Sekar. "The Legal Protection for Debtors in the Implementation of Bad Credit Settlement with Guaranteed Objects of Mortgage." Sultan Agung Notary Law Review 4, no. 2 (September 4, 2022): 697. http://dx.doi.org/10.30659/sanlar.4.2.697-715.
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This study aims to find out and analyze the implementation of the settlement of bad loans with mortgage guarantee objects, to find out and analyze legal protection efforts against debtors' assets in the bonds of mortgage certificates to be executed, to identify and analyze weaknesses and solutions for implementing bad loans with objects mortgage guarantee. The approach method in this research is empirical juridical, referring to the literature related to legislation relating to bad loans and research by going directly to the object. The research specification is descriptive analytical, which is a study that seeks to describe in detail the social phenomena whose main problem is without hypotheses and statistical calculations of the required data, the data is taken by methods based on primary data, namely interviews and observations as well as secondary data obtained from literature studies and analyzed qualitatively. The research concluded that the implementation of the settlement of bad loans with the object of guarantee of mortgages was carried out by an auction process through the KPKNL as the last step in efforts to resolve bad loans.
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LUNOVA, Т. "The Agricultural Land Market in Ukraine: Current Conjuncture and Problems of Formation." Scientific Bulletin of the National Academy of Statistics, Accounting and Audit, no. 3-4 (December 21, 2021): 86–93. http://dx.doi.org/10.31767/nasoa.3-4-2021.10.
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The agricultural land market was launched in Ukraine on July 1, 2021. Before its opening in Ukraine, experts had attempted to outline various scenarios of its operation, but most part of the predictions proved to be far from reality. The inadequacy and unsoundness of these predictions raise the importance of studies devoted to the current conjecture of the agricultural land market in Ukraine.
The article contains results of a study of the processes involved in the formation of the agricultural land market in Ukraine and its current conjuncture. A review of the legal acts of Ukraine that streamlined the evolution of relations on this market was made: the Decree of the President of Ukraine “Urgent measures to accelerate reforms in the agrarian sector of the economy” (1999), the Land Code of Ukraine (2001), the Decree of the President of Ukraine “Supplementary measures on social protection of rural residents who are owners of land plots and land parts (shares)” (2002), the Law of Ukraine “Amendments to some legislative acts of Ukraine on terms of the turnover of agricultural lands” (2020). A comparison of the cost of land lease in Ukraine and EU countries in 2019, and the actual weighted average price of 1 hectare of agricultural land in Ukraine and some other countries was made. Domestic sources of information on the land market operation in Ukraine are given.
It is concluded that the land market in Ukraine is in the passive state now, with both demand and supply being slack. The factors behind the low demand and supply on the domestic land market were identified: the demand is constrained by a limited range of buyers and lack of uncostly mortgage loans for purchase of land; the supply is constrained by the low market price of 1 hectare of land, inability of the majority of residents to sell their shares in case of the valid leasing contract, bad legal and financial literacy of rural inhabitants. The efficiency of land leasing in Ukraine remains to be low due to irrational use of soils by land tenants. The need for government regulation of this market is shown.
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YAZLYUK, Borys, Olena DOMBROVSKA, and Andriy BUTOV. "ANALYSIS OF FACTORS AFFECTING THE DEVELOPMENT OF MORTGAGE RELATIONS IN UKRAINE." Ukrainian Journal of Applied Economics 5, no. 4 (December 2, 2020): 70–79. http://dx.doi.org/10.36887/2415-8453-2020-4-7.
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This article covers the essence of such concepts as "mortgage" and "mortgage lending" in accordance with the current legislation of Ukraine. The main method of creating a national system of mortgage lending is the formation of effective market mechanisms for obtaining long-term financial resources in the financial and credit sphere. On this basis the market of long-term mortgage lending will function with the use of existing market infrastructure and financial instruments that will allow to gradually reduce the cost of mortgage loans to the population and the subjects of economic activity and increase the terms of lending. Mortgage lending in Ukraine has been growing dynamically in recent years, but the share of mortgage loans in the general portfolio of commercial banks is low. It was found that the main factors that influence the development of mortgage relations in our state include: Inadequate legal regulation of mortgage relations, lack of public confidence in commercial banks, low income level of the population, high interest rates, Inflationary processes, exchange rate instability, moratorium on foreclosure on foreign currency mortgages, weak financial condition of small agricultural enterprises, coronocrisis. In dynamics the structure and rates of credits growth granted by banks of Ukraine to households by purpose conjugation, repayment terms and currency breakdown were investigated. Investigation of the factors that influence the development of the mortgage relations system in Ukraine under market conditions allowed us to make scientific and theoretical and practical conclusions: for financial stability in the state it is necessary a well-organized work of all participants of the mortgage market; creation of state guarantees of economic security of citizens will contribute to renewal of trust of population to the bank sector of Ukraine; To make the primary real estate market more transparent and strengthen the protection of investors' rights; to lift the moratorium on the foreclosure of property with foreign currency mortgage loans; to create conditions for the sale of agricultural land and bank loans against land pledges. Key words: bank, mortgage credit lending, financial instruments, National Bank of Ukraine, investment resources.
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Frańczuk, Małgorzata. "Rozwój rynku listów zastawnych w Polsce w kontekście nowych zmian regulacyjnych." Zarządzanie Finansami i Rachunkowość 5, no. 1 (January 30, 2017): 29–43. http://dx.doi.org/10.22630/zfir.2017.5.1.03.
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Covered bonds are securities which purpose of the issue is to be the refinancing of mortgage loans granting by banks. In Poland, covered bonds are still undeveloped, although the legislation in this area has existed since 1997. The article draws attention to the problem of a small development of covered bonds in Poland and the chances of their development in the context of the amended Act on Covered Bonds and Mortgage Banks and the newly introduced into the Polish legal order of the EU directive CRD IV and CRR regulation (called CRD IV/CRR package). In the article it is also described the way of functioning of covered bonds, mortgage banks and mortgage loan.
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Berkowitz, Jeremy, and Richard Hynes. "Bankruptcy Exemptions and the Market for Mortgage Loans." Journal of Law and Economics 42, no. 2 (October 1999): 809–30. http://dx.doi.org/10.1086/467443.
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Wang, Yiming. "Global Financial Crisis: Causes and Reactions." Advances in Economics, Management and Political Sciences 19, no. 1 (September 13, 2023): 319–24. http://dx.doi.org/10.54254/2754-1169/19/20230155.
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This paper examines the reasons behind the financial crisis of 2008, its effects, and the subsequent developments. At that time, the federal government's monetary policy promoted subprime loans, and credit default swaps were derived based on subprime loans. This series of reasons led to a huge bubble in the real estate market and directly caused the subprime mortgage crisis. Companies are closing one after another, unemployment and inflation are rising, and people's lives are getting more complex. To survive this crisis, the government passed pertinent legislation to support economic growth, and banking regulators corrected these laws to stop a repeat of the subprime mortgage crisis. Nowadays, the outbreak of the COVID-19 epidemic and the conflict in Ukraine have brought the world economy into trouble again. As a result, the 2008 financial crisis study is crucial to understanding modern society because it can be used to prevent future financial crises and effectively address economic problems.
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Avgeri, Evangelia, Maria Psillaki, and Evanthia Zervoudi. "Peer-to-Peer Lending as a Determinant of Federal Housing Administration-Insured Mortgages to Meet Sustainable Development Goals." Sustainability 15, no. 18 (September 12, 2023): 13618. http://dx.doi.org/10.3390/su151813618.
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In this paper, we investigate the influential factors of Federal Housing Administration (FHA) mortgage loans, focusing our research interest on peer-to-peer (P2P) lending, the most successful FinTech lending model. We consider P2P lending an alternative source of financing that marginal borrowers use to pay the increased mortgage down payment, making them eligible to receive a mortgage from conventional banks. In other words, we examine whether and to what extent P2P lending has a positive impact on the FHA loans volume by providing the ability to circumvent the loan-to-value (LTV) cap policy. As a result, P2P lending can be seen as a means for ”rationed” borrowers to have access to the market by reducing inequalities and promoting financial inclusion, thus achieving Sustainable Development Goals (SDGs). We employ hand-collected data from FHA mortgages, P2P loans, and other economic factors from all 50 U.S. states during 2007–2017 and use panel data techniques for this purpose. Research shows that P2P lending, GDP per capita, population growth, broad money growth rate, interest rate, unemployment rate, new housing units, and consumer confidence Index produce effects on FHA loans. We show that P2P lending, a nonconventional determinant, is causally associated with a significant increase in the count and volume of FHA loans, implying that P2P lending has a positive impact on them. The ability of P2P to bypass mortgage supply constraints (tightened LTV caps) by providing small loans to borrowers to meet the increased down payment requirements is very important to policy-makers, as it shows that constraining the volume of mortgage loans may be not achieved. Macroprudential tools designed to control credit growth may prove ineffective, as the use of alternative forms of lending helps circumvent them and ultimately leads to excessive household leverage with all the risks that it poses to the financial system.
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Usmanova, D. F., and S. P. Syrygin. "IMPACT OF THE COVID-19 PANDEMIC ON THE DEVELOPMENT OF MORTGAGE LENDING IN RUSSIA." Social’no-ekonomiceskoe upravlenie: teoria i praktika 18, no. 2 (June 28, 2022): 58–65. http://dx.doi.org/10.22213/2618-9763-2022-2-58-65.
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Relevance of the research topic. The coronavirus crisis has had a controversial impact on the mortgage market. On the one hand, mortgages during the Covid-19 pandemic have become more profitable due to lower interest rates and a decrease in the size of the down payment. On the other hand, for many citizens who are faced with the loss of work or a decrease in income, mortgages during the coronavirus period have turned into an overwhelming debt. Government support in the field of mortgage lending during the Covid-19 pandemic spurred the growth of mortgage loans, this support helped to meet part of the demand for mortgage transactions for 2021. Also, banks, from a decrease in interest on preferential mortgages on their proposed programs, received low income, in this situation borrowers who took out a mortgage under the state program in the first three or four months won. Mortgage lending is a very risky financing, both for lenders and borrowers, due to a number of interrelated reasons, such as imperfection of Russian legislation, reduced incomes of the population, and the COVID-19 pandemic. The situation with the COVID-19 pandemic has put many residents of Russia in a difficult position, especially those who, due to restrictive measures, faced disruptions in the activities of their organizations, having significantly lost income, but at the same time bears the burden of paying various kinds of loans, including including mortgage lending. Due to the introduction of the program for concessional mortgage lending, the dynamics of the mortgage market has increased, however, a decline in demand for mortgage loans is predicted after the completion of this program, which will lead to a decrease in the cost of housing. This trend will affect the collateral value of real estate purchased with a mortgage. The main problems of mortgages in the Russian Federation now are low incomes of the country as a whole and of each person individually, significant inflation, monopolization of the housing construction market, migration features, insufficient government participation in supporting mortgages and the underdevelopment of the mortgage securities market. The solution of the indicated restrictions will be possible only as a result of the general, progressive development of the country's economy in all its spheres: politics, social, construction, banking and other sectors. The purpose of the study is to assess the impact of the Covid-19 pandemic on the development of mortgage lending in Russia. Methods of comparison, generalization, analysis, tabular method were used in the work.
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Polishchuk, Natalia, and Kateryna Pavlotska. "Risks of mortgage lending in Ukraine: peculiarities of the war period." Galic'kij ekonomičnij visnik 83, no. 4 (2023): 89–96. http://dx.doi.org/10.33108/galicianvisnyk_tntu2023.04.089.
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The article analyzes mortgage lending as a type of credit for business entities under martial law in Ukraine and its risks from the perspective of participants to the procedure for obtaining/granting a secured loan. On the basis of scientific works of domestic scientists and institutes, problems have been identified that have not been studied but served as the basis for analyzing the situation with granting/receiving mortgage loans to Ukrainian farms during martial law, potential risks and ways to minimize them. On the basis of official statistics, the ratio of assets and liabilities among lending banks for the period 2016-2023 is studied. The main types of entrepreneurship in terms of profitability, which use a mortgage loan as one of the forms of attracting additional financial resources, are allocated for the period of 2017-2022. The peculiarities of mortgage lending to enterprises, which cause problems in determining the quantitative and qualitative assessment of emerging risks and cause changes in the planned results, are determined. The activities of the leading banks in providing mortgage lending as of February 1, 2023, in accordance with the type of economic activity of enterprises and the volume of loans granted, respectively, are investigated. On the basis the analysis, the main aspects that mortgage lending addresses at the micro and macro levels are identified. Having studied the risks inherent in the economic activities of lending participants based on the conditions of the pre-war and war periods, the conditions for granting mortgage loans by national banks, and foreign experience in mortgage lending, we have identified potential risks from the perspective of entities involved in the process of obtaining and granting this type of loan that are present in the lending process or may arise during the attraction and use of this type of liabilities. According to the above risks, the consequences for the participating entities are clearly described. The article describes the positive and negative aspects of mortgage lending, the factors influencing the activities of entities that provoke the use of a secured loan and the emergence of relevant risks, and provides methods for minimizing mortgage lending risks with a clear delineation of their position in the process of obtaining and granting a secured loan.
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Nasarre-Aznar, Sergio. "“Robinhoodian” courts’ decisions on mortgage law in Spain." International Journal of Law in the Built Environment 7, no. 2 (July 13, 2015): 127–47. http://dx.doi.org/10.1108/ijlbe-01-2014-0006.
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Purpose – The purpose of this paper is to examine the response of the Spanish courts to the effects of the 2007 financial crisis for residential mortgage borrowers in the absence of any equivalent intervention by the legislature. The paper also explores the potential risks that recent court decisions might pose for the Spanish mortgage and banking systems. Design/methodology/approach – The paper uses a combination of doctrinal and comparative methodology. It undertakes an analysis of decided judicial cases in Spain and compares these to international courts’ decisions and to national and international legislation with a view to exploring their originality in the field of mortgage-related consumer protection. Findings – The reviewed cases demonstrate the need to consider legislative reforms to increase the protection of consumers in relation to mortgages. Some reforms took place in 2013, but these were not perceived as sufficient by the judiciary. The paper also highlights the legal uncertainty that has followed these decisions and its negative impact on the credibility of the Spanish financial and legal systems. Research limitations/implications – The cases discussed are exceptional in the context of the general “normal” or “traditional” application of contractual, procedural and mortgage legislation by the rest of the judiciary. However, they are relevant enough to detect a trend and the need for the revision of affected statutes. Originality/value – This paper provides the first systematic critical analysis of these cases. It is of particular significance, as they collectively represent a distortion of the civil law principles that provide the basis of Spanish mortgage law and, therefore, of the wider financial system.
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Li, Li, Heliang Huang, Senwei Huang, and Siying Chen. "Do Financial Linkages Ease the Credit Rationing of Forest Rights Mortgage Loans? Evidence from Farm Households in Fujian Province, China." Sustainability 15, no. 4 (February 9, 2023): 3160. http://dx.doi.org/10.3390/su15043160.
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Affected by the small scale of forest farmers’ land and the imperfect development of the forest land transfer market, China’s forest rights mortgage loans have suffered from more serious credit rationing. The application of financial linkage theoretically has the effect of solving credit rationing. However, previous studies on financial linkages have focused on the field of credit lending, whereas the applied studies in the field of mortgage lending are mainly case studies on transaction models, and empirical tests on the application of financial linkages in mortgage lending are lacking. Therefore, to fill this gap, this study analyzed the effect of financial linkage on credit rationing for forestry mortgage loans and the mechanism of action through a study of farmers in Fujian, one of the key collective forestry areas in China, using the PSM method with 785 sample values. The results show the following: (1) Financial linkages have a significant mitigating effect on supply rationing, demand rationing, and the total rationing of forest rights mortgage loans. Compared to non-participation, financial linkages significantly reduced total rationing by 15.2%, with a 5% reduction in supply rationing and a 10.2% reduction in demand rationing. (2) The impact of financial linkage differs significantly among heterogeneous farmers. It has a significant mitigating effect on supply rationing for small-scale farmers, but not for large-scale farmers; meanwhile, it better mitigates demand rationing for large-scale farmers than for small-scale farmers. (3) In the mechanistic test, financial linkages were found to moderate the relationship between the value of collateral and supply rationing for small-scale farmers, and transaction costs play an intermediary role in the relationship between financial linkages and demand-based rationing. According to the study results, in order to promote the development of forest rights mortgage loans, it is necessary to develop different lending strategies for heterogeneous farmers, to further encourage small- and medium-sized farmers to participate in financial linkages, as well as to further reduce the related transaction costs.
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Noor, Afif, and Bagas Heradhyaksa. "EXECUTION MECHANISM OF MORTGAGE RIGHTS USING EXECUTORIAL TITLE IN SHARIA BANKING IS WHOSE AUTHORITY?" Diponegoro Law Review 5, no. 2 (October 30, 2020): 245–59. http://dx.doi.org/10.14710/dilrev.5.2.2020.245-259.
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Mortgage Right is a guaranteed right to land that is attached to the debt process. The authority to execute the guarantee of Liability on Sharia banks is an important matter to be discussed in the study of business law or commercial law as an effort to return loans that have been given by creditors (sharia banks) to debtors (customers) on financing problems or breach of contract. The Guarantee of Mortgage will not have meaning if the guarantee cannot be executed. The significance of this study is to know the mechanism of request for execution of guarantee of mortgage rights at a sharia bank after the decision of the Constitutional Court No. 93/PUU-X/2012. The research methodology used in this article is the research library. This article analyzes the laws related to the mechanism of execution of mortgage rights in sharia banks. Finally, this research found that the execution of mortgage righst in Islamic banks is the authority of the Religious Court. The mechanism for requesting the execution of a mortgage guarantee at a sharia bank is also the same as the mechanism for requesting mortgage rights at a district court.
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Çelik, İsmail Erkan. "The Relationship Between Accounting Practices and Effects of Financial Crisis in Turkey: A Case Study on an Oil Company." EMAJ: Emerging Markets Journal 6, no. 1 (February 2, 2016): 47–58. http://dx.doi.org/10.5195/emaj.2016.96.
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Many reasons lie at the base of all financial crises from the past to the present. If we take into consideration the 2008 subprime mortgage crisis, the only reason cannot be mortgage loans. But the mortgage issue continued to advance and created several other problems. Definitely, the source of mortgage loans problem also had many roots. One of the reasons was the lack of correct use of accounting principles and auditing. This is a strong proof and indicator that, there are many accounting based reasons behind the occurrence of the financial crises. Many examples can be given showing moving away from the basic principles of accounting rules and the general accounting concepts. Moreover, institutions being not fully independent, running creative accounting practices, having problems with fair valuation and transparency issues, presenting unreal financial reports, and sharing misleading audit reports are all related to financial crises.Furthermore, specific businesses and people abuse accounting rules, standards and related legislation for the sake of their own interests. Accounting and finance history has shown us that, even audit institutions, credit institutions and rating agencies are getting unfair advantages and generating unethical cash by making intentional accounting and finance errors, which is actually categorized as fraud.The aim of this study is to analyze financial crises and to determine if accounting practices have any relationship with financial crises. The research investigated an oil company’s financial and operational indicators before and after the 2008 financial crises with related tables and figures. Also, an interview was run with the company’s accounting officer. Based on the statements of firm’s accounting officer, correct accounting practices defended firm from several negative effects of the 2008 financial crisis.
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Sevryukova, I. F. "Problems of defining the basic principles (principles) of legal regulation of mortgage relations in the civil legislation of Ukraine." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 331–38. http://dx.doi.org/10.33663/2524-017x-2023-14-331-338.
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Іntroduction. Problematic issues of systematization of the main principles of mortgage, definition of their content, comparison with the principles of property law, principles of mortgage lending, it is proposed to formulate the content of the relevant legislative provisions to which the research is devoted, have always been debatable. Normative provisions of modern mortgage legislation not only do not contribute to solving problems regarding the definition of the basic principles of mortgage legal relations, but, on the contrary, contain certain contradictions and shortcomings. The existence of disputed legislative constructions does not allow to properly systematize the basic principles of the mortgage institution and to provide full protection of violated rights to subjects of mortgage legal relations. Purpose and objectives of the study. The main common feature of such agreements is the study of conceptual provisions and general theoretical foundations, which are aimed at solving legal problems related to the definition of the main legal foundations of mortgage relations, as well as the formulation of scientifically based theoretical provisions and conclusions of an applied nature, aimed at ensuring the protection of the rights of participants in mortgage relations. It seems necessary to specify the main legal principles aimed at the formation of mortgage legal relations, their definition, characteristics, classification. Improvement of the civil law regulation of mortgage relations also requires a thorough analysis of the relevant regulatory provisions. Research methods. The research carried out in the article is based on the evaluation of generally accepted approaches to identifying the signs of problematic issues of the main principles of legal regulation of mortgage relations and their reflection in the civil legislation of Ukraine. It should be emphasized that these issues are debatable due to the lack of clear legislative structures, which leads to the imperfection of legal regulation and violation of the rights of participants in property turnover. Research conclusions. As a result of the research, the opinion is expressed that there is no system of mortgage principles in the current legislation of Ukraine. Due to the lack of a clear system of principles of legal regulation of mortgage relations, as well as the contradictory content of some norms that proclaim these principles, for example, the principle of publicity, the principle of authenticity, negative consequences arise when applying the relevant legislative provisions in judicial practice, which has as a consequence the imperfection of the protection of subjective rights participants in mortgage legal relations. Key words: mortgage, basic provisions (principles) of mortgage, mortgage relations, principles of property law, principles of mortgage lending.
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Díaz Fraile, Juan María. "Comentario a la sentencia del Tribunal de Justicia de la Unión Europea (Gran Sala), de 26 de marzo de 2019, sobre la abusividad de determinadas clausulas de vencimiento anticipado de préstamos hipotecarios (de Modestino a Bauman, o del “derecho sólido” al “derecho líquido”) = Commentary on the judgment of the Court of Justice of the European Union March 26, 2019, regarding the abusivity of certain clauses of advanced expiration of mortgage loans (from Modestino to Bauman, or from “solid law” to “liquid law”)." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 2 (October 1, 2019): 520. http://dx.doi.org/10.20318/cdt.2019.4976.
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Resumen: El objeto del presente trabajo es analizar la sentencia del TJUE de 26 de marzo de 2019 sobre la abusividad de ciertas cláusulas de vencimiento anticipado de préstamos hipotecarios.Palabras clave: préstamo hipotecario, ejecución hipotecaria, cláusula de vencimiento anticipado.Abstract: The aim of this paper is to analyze the judgment of the CJEU of 26 of March of 2019. In this case, the CJEU ruled about the abusity of certaun clauses of advanced expiration of mortgage loans.Keywords: mortgage loan, foreclosure, clauses of advanced expiration of mortgage loans.
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Julianita Koto, Sri Eni. "Pengalihan Kreditur Melalui Ceasie (Studi Kasus Pada Koperasi Simpan Pinjam Indosurya)." Jurnal Perspektif Hukum 2, no. 1 (March 19, 2021): 1–14. http://dx.doi.org/10.35447/jph.v2i1.268.
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The state of liquidation of each bank and non-bank financial institution is strongly affected by social and economic conditions, both on a national and international scale. In order for lending (loans) to continue to run, it is known that the accounts receivable transfer agency is known as cessie. Based on Article 613 of the Civil Code, it is stated that the delivery of receivables in the name and other bodily objects is carried out by making an authentic deed or deed under the hands of which the rights to property are delegated to others. The delivery of these receivables has no effect on the debtor before delivery is notified and approved in writing or acknowledged by the Debtor / Borrower. The existence of an authentic deed or underhand deed is needed as a way of transferring or transferring ownership rights over the receivables in question from the creditor to a third party. The role and authority of a Notary in the making of cessie documents, as regulated in the notary office law, namely "Notary is a public official who has the authority to make authentic deeds and has other powers as referred to in the notary office law. Receivables transferred by cessie are a claims held by creditors against their debtors which are claims on behalf of. In principle, a bill in the name shows clearly and definitely about the creditor who is entitled to receive payment. This occurred in the transfer of accounts receivable between the Indosurya Savings and Loans Cooperative (Old Creditors) and Indosurya Inti Finance (As the new creditors). The transfer of accounts receivable that occurs between the Indosurya Savings and Loans Cooperative and Indosurya Inti Finance has a legal effect on the collateral binding that has been installed by the mortgage and has legal consequences for the borrower / debtor of the Indosurya savings and loan cooperative who switches from the Cooperative Borrower who is subject to the regulations of the Ministry of Cooperatives and Small Business and Medium to become Indosurya Inti finance debtors who are subject to the regulations of the Financial Services Authority.The problems in this research, among others: How is the transfer of accounts receivable by cessie and the consequences for guarantees of mortgage rights, How is the implementation of collection of accounts receivable (cessie) made with a notary deed, How is the implementation of cessie in indosurya savings and loan cooperatives. The problems in this study include: How is the transfer of accounts receivable by cessie and the consequences for guarantees of mortgage rights, How is the implementation of collection of accounts receivable (cessie) made with a notary deed, How is the implementation of cessie in indosurya savings and loan cooperatives. This research uses legal certainty theory and legal protection theory. This research uses normative legal research methods that are descriptive in nature, the data sources of this study can be divided into primary data and secondary data. Primary data was conducted in order to obtain field research through interviews with informants. Library research is carried out by reading books, journals, and laws and regulations. The results showed that. The transfer of accounts receivable (Cessie) between the old creditor and the new creditor which is guaranteed by the mortgage right causes the mortgage to also be transferred. The law states that if the receivables secured by mortgage rights are transferred due to cessie, subrogation of mortgage rights is also transferred due to the law. The role of a notary in the production of a cessie deed is the same as that of other deeds made by a notary. As a deed made before / made by a Notary Public has Construction, namely the Authority, requirements and procedures that must be carried out by the Notary Public. . The implementation of Accounts Receivable Transfer (Cessie) between the Indosurya Savings and Loan Cooperative and Indosurya Inti Finance has legal consequences for both the borrower and the new creditor (cessionaris). The implementation of the cessie has not been carried out as it should be regulated in the provisions of the law. Accounts receivable transfer is only carried out in an operational system, debtor loans are transferred to the operational system of Indosurya Inti Finance. Accont management (loans) is still maintained by the Indosurya Savings and Loans Cooperative. this causes losses incurred on the borrower (Debtor) and results in legal uncertainty. Article 16 of the mortgage rights law confirms that receivables are transferred due to cessie, and the mortgage rights are transferred due to law to new creditors. In the implementation of the cessie between Indosurya savings and loan cooperatives and the core indosurya finance, the mortgage rights have not been registered again. The deviation from the practice of implementing this cessie is not mentioned in the law, namely Article 16 of Law No. 4 of 1996. In juridical terms, the absence of the transfer of the security right causes the cessei agreement to be null and void or it is assumed that the transfer of accounts receivable has not yet occurred. In a sociological view, the non-registration of mortgage rights does not make the cessie cancel. The agreement has no material rights, because material rights have the principle of publicity. Publicity principle is a security right that must be registered. So that creditors change from preferred creditors to become concurrent creditors
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He, Beier. "The Subprime Crisis: Cause and Effect." Highlights in Business, Economics and Management 5 (February 16, 2023): 336–41. http://dx.doi.org/10.54097/hbem.v5i.5101.
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This research explains and analyzes how the Subprime Crisis happened in 2008 and how the crisis impacted the market and policy in America. The causes are unfolded from three perspectives. First reason is that government adopt a low interest rating, aiming at increasing the house affordability. Second, excessively innovative financial products, such as MBS, and credit rating agencies lead to even more unlimited loans with poor quality. Third, the complex commercial chain behind mortgage products enlarged the range of the crisis’s influence, which is triggered by government increasing the interest rate. The meltdown of subprime commercial chain brings a series damages: house market bubble burst, banks and businesses broken, rapidly decreasing employment rate, etc. To control the continuing damages from the collapse of mortgage market, the US government begins to intervene the market by promulgating laws, including Dodd-Frank legislation and Basel III to regulate and restrict businesses’ and banks’ behaviors.
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Apriantoro, Muhamad Subhi, Eis Rantika Puspa, Dandi Ibtihal Yafi, Deast Amanda Putri, and Rozi Irfan Rosyadi. "BEYOND MORTGAGES: ISLAMIC LAW AND THE ETHICS OF CREDIT FINANCING FOR PUBLIC HOUSING." Profetika: Jurnal Studi Islam 24, no. 02 (August 5, 2023): 196–206. http://dx.doi.org/10.23917/profetika.v24i02.1795.
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Having a home is essential for everyone, and the government created a program called Housing Loan (KPR) to help low-income people own a house. The Sharia State Savings Bank (BTN) is one of the banks that offer this program. This study aims to understand how KPR works at Bank BTN KCPS Pekalongan and how it aligns with Islamic law. This type of research is field research, which outlines and describes phenomena regarding the situation. In this case, the kind of research is qualitative. This research can also be considered sociological research because it is carried out directly in the field, and the data received will be evaluated inductively to make arguments for the KPR transaction system at BTN KCPS Pekalongan with Sharia principles and appropriate legislation. The study found that BTN KCPS Pekalongan uses murabahah and istishna sale and purchase contracts for KPR. Murabahah contracts are commonly used, and Istishna contracts are used for one product called KPR BTN Indent I.B. The study recommends that the bank introduce other Sharia KPR products to the public to increase awareness
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Sandalova, Victoria, and Ekaterina Azarova. "The Supervision Over Observance and Enforcement of the Banking Legislation in the Field of Mortgage Lending." Legal Concept, no. 2 (July 2022): 75–82. http://dx.doi.org/10.15688/lc.jvolsu.2022.2.10.
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Introduction: the digitalization of information interchange between parties to a civil transaction contributes to the dynamic growth of transactions, including in the banking sector. At the same time, disappointing statistics for the period 2021 – early 2022 indicate a decline in the growth of criminal acts against the individual against the background of a constant increase in malicious acts and offenses in the field of obtaining and issuing borrowings and loans, mortgages with the participation of consumers. Realizing the importance of the human rights activities of the prosecutor’s office in the supervision and control of observance and enforcement of the banking legislation, the leadership of the Prosecutor General’s Office of Russia has designated the sphere of mortgage lending involving citizen participation as the primary area of the prosecutor’s attention. Revealing qualitative indicators in the implementation of supervisory measures by the prosecutor’s office aimed at detecting and suppressing violations of the banking legislation in the field of mortgage lending is the purpose of the scientific study. Methods: the methodological framework for the journalistic research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization and comparative jurisprudence. Results: the study analyzes the implemented measures within the framework of the prosecutor’s supervision over observance and enforcement of the banking legislation in the field of mortgage lending. A positive trend in the human rights activities of the prosecutor’s office in the direction under study is noted, which has a positive impact, including on judicial practice to protect the rights of borrowers. The opinion is expressed on the need to address organizational issues of interaction of the prosecutor’s office with other agencies with similar powers, and, directly, with credit organizations. Conclusions: the authors are convinced of the importance of the role of the prosecutor’s office in the field under study, which can influence the stability of civil turnover, the formation and implementation of the principles of good faith and freedom of contract. The solution of issues of interdepartmental interaction and problems of information availability of banking information will contribute to strengthening the beneficial effect in the implementation of supervisory measures by the prosecutor’s office aimed at detecting and suppressing violations of the banking legislation in the field of mortgage lending.
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Happylenia Prasetya, Christina, Mohammad Jamin, and Noor Saptanti. "Implications Of Electronic Integrated Mortgage Rights Registration If The Guarantee Owner Dies." International Journal of Educational Research & Social Sciences 5, no. 2 (April 27, 2024): 211–16. http://dx.doi.org/10.51601/ijersc.v5i2.794.
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Service public-based technology from the Mortgage Rights system electronic expected can give convenience for user system that, will but in its implementation Not yet walk in a way maximum. Problems arise if the owner guarantee dies during the mortgage in a way electronically registered. This Study’s objective is to know the implications of Integrated Mortgage Rights registration in a way electronically if the owner guarantee dies. Study This is study law normative. Data used in the study This is secondary data. Collected data is then analyzed in a way descriptive qualitative with the use statute approach or approach legislation. Research results this if the owner guarantee died when the Mortgage Rights were registered in a way electronics, cause Number Identity Population owner guarantee in system Registration of Mortgage Rights No registered. This matter is causing mortgage rights not to be born. Because the creditor did not get guarantee certainty law when the Deed Granting Mortgage Rights was already signed through a power of attorney to impose mortgage rights because the APHT cannot registered to the Land Office.
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Makowiec, Aneta. "HIPOTEKA PRZYMUSOWA JAKO FORMA ZABEZPIECZENIA WYKONANIA ZOBOWIĄZAŃ PODATKOWYCH." Zeszyty Prawnicze 14, no. 4 (December 5, 2016): 131. http://dx.doi.org/10.21697/zp.2014.14.4.06.
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The Judicial Mortgage: A Form of Securing Tax LiabilitySummaryThis paper incorporates a characterisation and a thorough dogmatic analysis of the judicial mortgage as a form of securing the satisfaction of tax liabilities in Polish law. The significance of this issue warrants a discussion of the research both on its practical and theoretical aspects. In addition there has not been much interest in this subject in the Polish tax and legal literature. Undoubtedly, the amendments introduced during the last few years have prompted numerous questions and doubts with regard to these issues, which justifies the need for such research all the more. The fact that securing the satisfaction of tax liabilities is performed by employing methods well-known in civil law connected with liability involving rights in rem such as the mortgage, and the insufficient regulations regarding the judicial mortgage in tax law have made it necessary to analyse the legislation on private law as well as the doctrines and case-law connected with it.
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Schiltz, Elizabeth R. "The Paradox of the Global and the Local in the Financial Crisis of 2008: Applying the Lessons of Caritas in Veritate to the Regulation of Consumer Credit in the United States and the European Union." Journal of Law and Religion 26, no. 1 (2010): 173–212. http://dx.doi.org/10.1017/s0748081400000941.
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In his recent encyclical Caritas in Veritate, Pope Benedict XVI grapples with one of the most vexing paradoxes concerning the current global economic crisis. There is no question that it is a global financial crisis. The collapse of the subprime mortgage loan market in the U.S. in 2007 prefigured similar collapses of real estate bubbles in other parts of the world. The collapse of these real estate bubbles exposed the degree of interconnectedness among financial institutions across the globe created by the worldwide market for the derivate investment products created on the backs of the underlying real estate loans—the mortgage-backed securities in all their complex manifestations, and the credit default swaps that were essentially insurance policies on the risks of default of these securities. Various configurations of international coordinating bodies have called for global responses to the crisis. At its root, however, the current crisis is in a very important sense fundamentally a uniquely local phenomenon. It is the result of individual consumer transactions that are about as inherently local as a commercial transaction can ever get—loans to specific individual consumers tied to specific unique, unmovable pieces of residential real estate. Every single loan packaged into the bundles of investment opportunities that became “toxic assets” held by large institutional investors originated with a contractual relationship between an individual borrower and a single lender. In addition to the global macroeconomic consequences of the collapse of this market, every one of these loans that goes into default has personal consequences for the individual borrower whose home is the collateral for that loan.
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Arifin, Zaenal. "REKONSTRUKSI PARATE EKSEKUSI HAK TANGGUNGAN ATAS TANAH Yang BERBASIS NILAI KEADILAN." Jurnal Pembaharuan Hukum 3, no. 2 (June 1, 2016): 191. http://dx.doi.org/10.26532/jph.v3i2.1439.
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Charging for the guarantee for creditors through the agency of mortgage right, which is based on the provisions of Law No. 4 of 1996 on Mortgage Right, has advantages where the first holder of mortgage right has the right to sell the object of mortgage right on its own power or commonly known as parate execution. However in practice, parate execution can not be carried out in line with expectations and the ideals of the establishment of these legislation. As aresult, the creditors does not get easy, legal certainty, and fairness to perform parate execution of security object. This is because parate execution meant in Law No. 4 of 1996 on Mortgage Right, construed as a substitute for hypotik grosse deed, not based on the promise to sell on its own power or “beding van eigenmactig verkoop”. Above this, required reconstruction parate execution of mortgage right, so that later can ensure easy, legal certainty, and especially givesfairness to creditors.
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Chukwuogor, Chiaku, Emmanuel Anoruo, and Ikechukwu Ndu. "An empirical analysis of the determinants of the U.S. banks’ profitability." Banks and Bank Systems 16, no. 4 (December 27, 2021): 209–17. http://dx.doi.org/10.21511/bbs.16(4).2021.17.
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This study investigates the determinants of the profitability of U.S. banks. Employing quarterly data, this paper further examines the historical and recent trends for all U.S. banks from 1996 to 2019 in the relationship between return and assets (ROA) and other bank internal (or endogenous) profitability contributors such as net interest margin (NIM), loan loss reserves, ratio of non-performing loans to gross loans, and external (or exogenous) macroeconomic variables, such as the 30-year average mortgage rate, Gross Domestic Product (GDP) economic growth rate, unemployment rate, interest rate, inflation rate and openness (i.e., exports + imports/GDP) by using the Generalized Method of Moments (GMM) estimator technique. The results reveal that bank-specific variables, including net interest margin, loan loss reserves and non-performing loans, have a significant impact on bank profitability in the United States. Similarly, the results show that macroeconomic variables, namely the average mortgage rate, economic growth, and unemployment rate, exert significant effects on the U.S. banks’ profitability. The results further indicate that changes in openness are detrimental to bank profitability. The implications are discussed.
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Fachrizal, Deri. "Juridical Review Of The Executorial Strength Of Liability Certificates In Overcoming Non-Loading Loans (Study At Bank Danamon Cab. Sukaramai Assistant)." Journal of Law Science 3, no. 3 (July 30, 2021): 85–92. http://dx.doi.org/10.35335/jls.v3i3.1669.
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The increase in development activities has resulted in an increasing need for the availability of funds, most of which are obtained through credit activities. So it can be said that credit is one of the most important sources of development financing. Credit in banking activities is the most important business activity, because the largest income from bank business comes from income from credit business activities in the form of interest and fees. The problem in this research is how is the procedure for binding the mortgage certificate as collateral for the credit agreement at PT. Bank Danamon Sub-Branch Sukaramai Medan. What are the obstacles to Mortgage in Fulfilling the Rights of the Parties in the Mortgage Execution Process at PT. Bank Danamon Sukaramai Medan Sub-Branch and How the Executional Strength of Mortgage Certificate at PT. Bank Danamon Sub-Branch Sukaramai Medan?. The method used in this research is empirical juridical, namely an approach from the point of view of the rules and implementation of regulations that apply in society, which is carried out by researching secondary data first, then continued by conducting research on primary data in the field. The procedures that must be fulfilled by the customer from the time the credit application is submitted until the payment of a loan granted by the Bank is: Credit Application, Credit Investigation and Analysis, Types of Credit. The importance of binding debt guarantees is so that we can anticipate exactly whether the guarantee will be able to be executed or easily executed. This is because the different procedures for binding guarantees have a direct correlation with how they are executed. Obstacles in the Execution of Mortgage as collateral for credit for legal protection for the interests of Creditors. There are several factors that become obstacles that often occur, namely the resistance by the Mortgage holder himself to the execution of the first Mortgage holder's application. This issue is not regulated in UUHT but is in the Material of Civil Procedure Law. The Mortgage Law has given great executorial power to the Mortgage Certificate, namely by the inclusion of an Irah-Irah which reads "For Justice Based on the One Godhead", so that the position of the Mortgage Certificate is the same as the Court's Decision which has obtained permanent legal force
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Anggoro, Rian Dwi, and Umar Ma'ruf. "Selling Authorization Legal Agreement Status Will Be Weighed Against Collateral Mortgage (Case Study PT. Bank Tabungan Negara (Persero) Tbk.)." Jurnal Akta 5, no. 3 (September 6, 2018): 823. http://dx.doi.org/10.30659/akta.v5i3.3266.
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This study aims to determine why the binding of collateral in the process of granting subsidized housing loans in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is not binding perfectly implemented using the security rights, the legal position of the agreement of power sold to the collateral to be encumbered encumbrance in the process of providing subsidized credit facilities, and a form of legal protection for authorizing the use of certificate authority to sell. This study uses empirical juridical approach or Socio Legal Research. Data collected through literature, observation and interviews. The survey results revealed that the cause of non-performance perfect binding manner using the right mortgage loan process dala subsidized home ownership in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is due to the type of housing loan subsidies are certain types of loans are regulated in the legislation which the binding process is limited to a power of attorney install security rights. On the basis of these reasons the bank asked the Notary / PPAT can issue certificates aimed at selling power if the debtor defaults, the creditor as the bank can make the sale to get the loan repayment. However, if the power of attorney install security rights has been upgraded to the Agreement of Encumbrances Encumbrance and has been registered to receive the certificate Encumbrance the collateral execution process should be subject to the laws Mortgage. Making the notarized agreement of power selling is a form of legal protection for the debtor as the authorizer.Keywords: Authorization Agreement Sell; Collateral Will Be Charged Mortgage; Credit Homeownership Subsidies.
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Platonova, Y. O. "Legal aspects of state credit support for agriculture." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 370–76. http://dx.doi.org/10.24144/2788-6018.2024.02.63.
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In the modern conditions of military operations on the territory of Ukraine, the aggravation of problems of an economic, social and political nature, the issue of building an effective system of state credit support measures for agriculture is extremely relevant. It has been established that traditional measures to support Ukrainian agriculture in the credit sphere, namely: credit subsidy, provision of returnable financial assistance to farms, are insufficient to stabilize the situation in the financial and credit sphere. The regulatory and legal changes implemented during the war period, which are characterized by the introduction of some new agricultural protection mechanisms (budget subsidies, special budget subsidies), are analyzed. It was noted that an important step aimed at simplifying the access of micro, small, and medium-sized enterprises to bank lending by reducing the cost of loans was the optimization of lending within the framework of the state program "Affordable loans 5-7-9%”. Modern problems, trends and prospects of land and mortgage crediting of agriculture are established. It was noted that the positive trends aimed at the effective functioning of mortgage lending to agricultural producers are: unblocking of land mortgage lending to agriculture through legislative regulation of the circulation of agricultural land, as well as improving the situation in relation to the provision of state guarantees for the fulfillment of agricultural credit obligations. Within the framework of prospective legislation, the mechanism for transferring the right to lease agricultural land as security for agricultural receipts is being worked out. A conclusion was made about the need to form an effective institutional and legal system of crediting agriculture.
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Nasution, Khaidir, Ahmad Fauzi, and Ramlan Ramlan. "Perspektif Hukum Pembebanan Hak Tanggungan Atas Sertifikat Hak Milik Satuan Rumah Susun Sebagai Jaminan Kredit Perbankan." DOKTRINA: JOURNAL OF LAW 5, no. 2 (October 31, 2022): 237–67. http://dx.doi.org/10.31289/doktrina.v5i2.7439.
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This study discusses the legal arrangements on land that are charged with mortgage rights to flats standing on the land, then analyzes the imposition of certificates of ownership rights to flats as collateral for bank credit and to find out the implementation of execution if one of the debtors breaks their promises related to the granting of mortgage rights to the flats. used as collateral for bank loans. The research empirical juridical type, namely research that emphasizes the use of legal norms in writing and is supported by data collected in the field and the results of interviews with sources and informants as supporting data. Based on the results the ownership rights of the apartment unit are simultaneous or concurrent in nature which contains joint rights and individual rights. The right of ownership of the apartment unit itself can be charged with mortgage rights as collateral for bank credit based on article 47 paragraph (5) of the Flats Law. Execution of the ownership rights of the apartment unit that is charged with mortgage rights as credit guarantees as a result of the debtor defaulting to the creditor, then the bank as the creditor of the Flats Unit does not directly execute the Mortgage on the creditor guarantee but the bank will take persuasive steps as well as non-litigation mediation to resolve non-performing loans so that no party feels aggrieved and if the non-litigation process reaches a dead end, then the litigation process is carried out.
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Widijowati, Rr Dijan, and Mulyono. "Settlement of Loans in Arrears by Using Parate Execution of Collateral Bearing Mortgage Rights." ENDLESS : International Journal of Future Studies 4, no. 1 (April 1, 2021): 159–67. http://dx.doi.org/10.54783/endless.v4i1.54.
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Various fields related to business always require banking services. Then the government created Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking. Lending by a bank as a creditor to a customer as a debtor must be carried out with an agreement in a compact form. The important thing in a credit agreement is collateral or guarantee. Collateral in banking practice can be bound by Law Number 4 of 1996 concerning Mortgage Rights for objects related to land. The Bank believes that material collateral in the form of land will provide a greater sense of security and legal certainty execution if the debtor fails to fulfil his promises to his obligations. Different implementations can execute objects that are the object of Guarantee Rights. The main problem is implementing bad debts by para the execution of collateral things saddled with mortgages. How is the implementation of legal protection for creditors if there is resistance from the debtor due to the execution part's performance? This research uses a descriptive qualitative approach. The main sources in qualitative research are primary data and secondary data. Researchers collect data through observation and documentation. Data analysis was performed using qualitative juridical analysis methods. The conclusion obtained is that the implementation of the settlement of lousy credit through separate execution of the collateral object that is burdened with mortgage rights is to sell the bank guarantee object as a creditor in the event of bad credit. This is done to cover the debtor's obligations, Then the implementation of legal protection for creditors if there is resistance from the debtor due to the execution of the execution Parate is to apply the provisions in Article 6 of the Mortgage Rights Law.
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Okunevych, Iryna. "FEATURES OF THE CALCULATION AND STUDY BY EXPERT ECONOMISTS OF DEBT UNDER LOAN AGREEMENTS THAT AROSE DURING A SPECIAL PERIOD AND THE PERIOD OF MARTIAL LAW IN UKRAINE." Criminalistics and Forensics, no. 68 (July 3, 2023): 582–91. http://dx.doi.org/10.33994/kndise.2023.68.58.
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The article examines the legislative aspects, in accordance with which the circumstances are determined under which it is impossible to fulfil obligations under loan agreements (agreements) and the circumstances under which it is possible to exempt from the performance of certain obligations under loan agreements in a special period (introduced on March 18, 2014) and the period of martial law in Ukraine (introduced on February 24, 2022) for the following categories of borrowers: legal entities, military personnel, ATO/JFO participants. In connection with the fullscale invasion of the russian federation on the territory of Ukraine, many borrowers (both legal entities and individuals) lost their outpost property, and assets, income decreased, many borrowers take part in hostilities, etc., which in turn affected the ability to repay their obligations under loan agreements. The study found that there are separate special approaches for the implementation of different contracts. In particular, regarding the fulfilment of loan, mortgage, and loan agreements, the only requirement for releasing a person from liability for the inability to fulfil his obligations under the agreement is the introduction of martial law. But at the same time, in order to exempt military personnel and participants in the ATO/JFO from the accrual of penalties for failure to fulfil their obligations and interest on using a loan, it is necessary to notify the bank (or other financial institution in which the loan was issued) in writing about military service and provide supporting documents. In relation to legal entities, the legislator requires to prove the fact that it is impossible to fulfil the contract due to the onset of force majeure circumstances, the occurrence of which is confirmed by the Ukrainian Chamber of Commerce and Industry in a legislative manner.
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Imanullah, Najib. "EQUALIZING THE BANK POSITION AND BUSINESSES IN CREDIT AGREEMENT WITH THE GUARANTEE OF MORTGAGE." Yustisia Jurnal Hukum 7, no. 1 (April 30, 2018): 157. http://dx.doi.org/10.20961/yustisia.v0i0.12448.
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<p>The Security Law, which regulates the land mortgage has significance meaning to move real sector, thus it can support the development of national economy. In this case, the traders, on the one hand, need capital for business activities, while on the other side of the capital owners seek to profit from their investment. Bank as an intermediary is required to be careful. An implementation of the precautionary principle is to have collateral for loans to businesses. One of the collateral is immovable asset (land), which is secured by the Mortgage. In practice, stipulation of mortgage is still more in favor of the bank. If this is allowed, it can be conditions that would adversely affect the parties. Thus, we need to make updates Security Law that balances position of banks and businesses, which in accordance with the attitude of mutual cooperation with based on the fundamental values which are reflected in the philosophical basis of the Indonesian nation.</p>
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Жукова, О. В. "Compulsory insurance within the framework of the Bank of Russia's Mortgage Regulation Concept." Voprosy regionalnoj ekonomiki, no. 4(49) (December 17, 2021): 203–10. http://dx.doi.org/10.21499/2078-4023-49-4-203-210.
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Банком России, во исполнение поручения Президента РФ от 02.04.2020 № Пр-612 о принятии мер по снижению полной стоимости ипотечных жилищных кредитов, одной из составляющих которой являются расходы на страхование, разработана «Концепция регулирования ипотечного страхования». Суть «Концепции» заключается в том, что, после внесения изменений в федеральный закон, страхователем будет выступать не заёмщик-залогодатель, а банк-кредитор выгодопреобретатель или ипотечный агент. Заёмщик должен будет ежемесячно погашать дополнительно 1,0% от суммы кредита в порядке компенсации расходов банка на страхование The Bank of Russia, pursuant to the instruction of the President of the Russian Federation No. Pr-612 dated 02.04.2020 on taking measures to reduce the full cost of mortgage housing loans, one of the components of which is insurance costs, has developed a «Concept for regulating mortgage insurance», which has been discussed at the level of the professional community, and is currently in the Government of the Russian Federation. The «concept» concerns insurance accompanying the pledge of immovable property arising on the basis of the federal law (mortgage by virtue of the Law) dated 16.07.1998 No. 102-FZ «On Mortgage (pledge of real estate)» and by virtue of the mortgage agreement, as well as personal life and health insurance of the borrower, the essence of which is that, after amendments to the federal law, the policyholder will not be the borrower-mortgagor, but the lender-beneficiary bank or mortgage agent. This is another step towards housing affordability, as the amount of the first lump-sum payment when applying for a mortgage loan and subsequent annual deductions decreases, since the borrower will have to pay insurance premiums in installments for the entire period of the mortgage insurance contract as a percentage, depending on the amount of the mortgage loan.
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Sokolova, Ekaterina Vladimirovna, Tatyana Vladimirovna Kotova, and Elena Vladimirovna Chernikina. "Insurance innovation with mortgage loan." Vestnik of Astrakhan State Technical University. Series: Economics 2020, no. 1 (March 31, 2020): 139–48. http://dx.doi.org/10.24143/2073-5537-2020-1-139-148.
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The article highlights the problem of digital transformation of the insurance sector, which can facilitate the effective interaction of all participants, increase information transparency and improve the quality of analytical data, optimize the business processes of insurers, and involve a wider range of insurance services in the online environment. To simplify the work with customer data in the processes of automated data collection, analysis and storage, it is necessary to create
a single database. Such a base can be an insurance history bureau. The development strategy of the insurance industry of the Russian Federation for 2019-2021 provides for the creation and use of insurance histories for various types of insurance by analogy with credit histories. Given that in recent years, along with traditional types of lending, mortgage lending has developed, it is proposed to create a mortgage insurance history bureau. Based on the data on issued and prematurely repaid mortgage loans for 2012-2018, the volumes of this information bureau were determined and a forecast was made for 2019-2023 on the number of existing mortgage loans. A business model for the creation and functioning of a mortgage insurance history bureau is proposed, and a cost-effectiveness calculation is made, confirming the feasibility of this proposal. The process of creating and operating a mortgage insurance history bureau is illustrated, which includes two stages:
a preparatory stage for development of a regulatory document of the Central Bank establishing an access procedure and a list of information provided by insurers, amendments and additions to the relevant federal law, software development and definition of a bureau administrator insurance histories; an operation stage for the transfer of the client's dossier with the main parameters of the loan to the credit history bureau after acquiring a mortgage, transfer of the insurance company information about the concluded insurance contract for insurance bureau, storing information during the term of the loan, and five years after his retirement.
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NAPITUPULU, LUCY MARGARETH. "ANALISIS YURIDIS SUBROGASI DENGAN PENGALIHAN KREDIT YANG TERIKAT HAK TANGGUNGAN PADA PT. BANK RAKYAT INDONESIA (PERSERO) TBK. CABANG KABANJAHE." Ilmu Hukum Prima (IHP) 4, no. 1 (April 30, 2021): 119–39. http://dx.doi.org/10.34012/jihap.v4i1.1635.
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All business sectors or individuals today and in the future cannot be separated from banking sector. In order to balance and harmonize this need, the role of bank is to provide loan fund through loan. Kabanjahe Branch Office of BRI, in providing loans, makes efforts and competes to create innovations to their products as their strategies to get prime consumer debtor candidate including debtors who performs loan takeover. Loan takeover that is bound with mortgage right in Kabanjahe Branch Office of BRI is the provision of new loans to consumer debtor, which aims to pay consumer debtor’s ongoing loans, with land title as mortgage rights of the loan that is bound with mortgage right in the older bank, so that Kabanjahe Branch Office of BRI replaces rights of the older bank. Loan takeover that is bound with mortgage rights in Kabanjahe Branch Office of BRI is related to the provisions of subrogation in the Civil Code.This research employs empirical juridical method which is descriptive. It describes, studies, explains, and analyzes theoretical and practical legal regulations on mechanism and legal consequences for loan takeover that is bound with mortgage right in Kabanjahe Branch Office of BRI, and whether the loan takeover is in line with the provisions of subrogation in the Civil Code.The results of the research explains the mechanism of loan takeover. It is done by submitting an application for loan by candidate consumer debtor to be processed, and then the loan is realized and transferred. The legal consequences for loan takeover is the emergence of a loan agreement between customer debtor and Kabanjahe Branch Office of BRI and the termination of the loan agreement between the customer debtor and the older bank; the elimination of mortgage right for and in the name of the older bank and the emergence of mortgage right for and in the name of Kabanjahe Branch Office of BRI; the termination of the position of older bank as creditor and holder of the mortgage right of customer debtor and mortgage right grantor. The implementation of the loan takeover that is bound with mortgage right in Kabanjahe Branch Office of BRI has been in line with the provision son subrogation, namely Article 1400 of the Civil Code, particularly Article 1400 sub 2 of the Civil Code.It is suggested that the Law further regulate provisions on subrogation that are in line with the banking development today, so that loan takeover that is bound with mortgage right can fully/completely implement the provision on subrogation as well in the future. It is expected that more references discuss about the legal consequences for loan takeover that is bound with mortgage right. It is also expected that subrogation be introduced and implemented again in banking practice and Notary, because it is in line with the provision son subrogation in the Civil Code.
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-, Sahruddin. "Pembebanan Jaminan Fidusia Dan Akibat Hukumnya." JATISWARA 26, no. 3 (October 11, 2017): 98–128. http://dx.doi.org/10.29303/jtsw.v26i3.20.
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In mantaining the sustanablity of the developement, the actors of the developement either private person or legal entity need huge funds. To fulfill this need, it reqiures the existance of a monetery institue, either a banking or non-banking institute, which could provides capital loans or fundings on fiduciary mortgage loan. Fiduciary mortgage loan is frequently being used by debtors becouse this kind of mortgage loan comes with a lot of advantages. One of those is that the object of fiduciary mortgage loan is not required to be delivered and held by creditor, so that debtor could still make use it to runs his/her business.
Problem formulation of this research as follows: how to burden a thing with fiduciary mortgage loan under the Fiduciary Mortgage Law 2). Is there any legal certainty in burdening a thing with fiduciary mortgage loan?. This research is aiming to find out how to burden a thing with fiduciary mortgage loan under the Fiduciary Mortgage Law, and whether there is any legal certainty in burdening a thing with fiduciary mortgage loan.
This research used a juridical normative approach. It uses qualitative data obtained through library research. Data collecting in this research is carried out through documentary research. To analyze the data in this research, it uses descriptive-qualitative analysis.
The research results reveal that the process of burdening a thing with fiduciary mortgage loan is carried out through two phases which are consist of burdening phase and registration phase. Burdenig phase is carried out through notarial deed. As for registration phase is carried out at the office of the fiduciary mortgage registration in the judicial departement office. The legal certainty form of notarial deed of burdening a thing with fiduciary mortgage loan is not only reflected through notarial deed but also the emergency of preferen right for the fiduciary mortgage holder (creditor) and the object of fiduciary mortgage loan is easy to execute.