The Mortgagor's Authority to Dispose of the Mortgaged Property Between Restrictions and Non-Restrictions

An Analytical Study

Abstract

The ‘Ownership Authority’ grants the owner various rights related to the disposition of their private property, particularly in cases of real estate. The reason is that it remains one of his most significant authorities that needs to be taken into account, notwithstanding that the existence of rights of other relevant parties greatly limits the owner's ability, specifically, in the cases of transferring ownership. The property's mortgage procedure mandates that the mortgagor follow lawful procedures, which include getting the mortgagee creditor's prior consent before executing any dispositions that transfer ownership. Within this framework, and in two sections, the researcher focusses on the extent of the mortgagor's authority to carry out certain actions to their properties, including the transfer of ownership of the mortgaged property to other parties, the nature of such actions if taken, and the limitations imposed by the law along with the arguments supporting such restriction as well as these related actions. Furthermore, the procedure's most significant adverse effects will be discussed. In this research, we discussed the scope of the mortgagor’s authority to carry out actions that transfer ownership of the mortgaged property, and the restriction created by the legislator in this regard, with a statement of its nature, in addition to the justifications for the restriction and the actions concerned with it, with reference to the most important negative consequences resulting from it. All of this came within the framework of two sections, and a conclusion that includes the most prominent results and recommendations, with a list of sources.