Importance Of The Effective Collection Of Real Mortgage Loan

Author:Ms Giselle Moncada
Profession:Morgan & Morgan

The loan agreement secured by mortgage is a legal and financial concept that has undoubtedly been a pillar of world economic progress. Hence, the Supreme Court of Justice of Panama in some of its judgments has given it its importance as part of the economic public order.

Certainly, this optimal progress is possible as long as the majority of the debtors pay off the loan punctually, and in cases when they are not able to comply with said payment to its creditor, by activating a mechanism to achieve the expedited collection of the real mortgage loan through a safe conversion system.

Mortgage loan or security trusts

It is important to mention that in recent years the lenders have increased the use of security trusts to guarantee their loans, instead of loans secured by mortgages. Despite of the benefits offered by security trusts to creditors and customers, there is another sector of the market that keeps using the loan agreement secured by mortgage.

Recovery process of mortgage debt

The success of the legal concept of mortgage loan requires the summary proceeding of the real estate guarantee, for cases in which the loan falls into arrears. In the Panamanian legal system, the judicial process generally used for the collection of this type of mortgage debt is the so-called "executory process with waiver of procedures", thus we have a process that is very special and very summary at our disposal.

The reality is that the aforementioned process is not usually as expeditious as it faces delays both in the processing of the judicial process itself, in the procedure following the registration of the award (mainly in the physical taking of the auctioned property), until achieving the actual sale that is when the collection shall be satisfied.

This time we will list five lines of action that would reduce the harmful damages of a delayed and deficient conversion of the liquid asset through the aforementioned collection process:

To apply to the Judicial Branch for an adaptation to the regulation of the way these processes are distributed in the Single Window System [known as Registro Único de Entrada (RUE)] so that judges who have links with credit entities, when the latter are executors, can be previously excluded from each distribution. In practice, the processing of a judicial impediment of this type can delay the admission of a process more than two months. The foregoing would even enhance the valuable time of our judicial officers. To insist on a...

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