Digital Technology and Enforcement Procedures on Mortgaged Property: An Analytical Study
摘要
The objective of this study is to investigate the influence of digital technology on enforcement procedures concerning mortgaged assets, with a particular emphasis on the organization and implementation of mortgage systems across various legal frameworks. Findings from the study demonstrated that real estate collateral serves as an effective mechanism for ensuring the satisfaction of financial obligations, as it grants creditors the right to enforce claims on the mortgaged property in the event of debtor default. Additionally, it was observed that the Jordanian legal system has instituted a specific procedure for the public auction of mortgaged properties, initiating sales at 50% of the property's estimated value. This approach aids in safeguarding the rights of the debtor while maintaining a balance between the interests of both creditors and debtors. Nevertheless, the study uncovered discussions regarding the equity of this percentage, particularly when properties are sold below their market value, which could potentially infringe upon the rights of the debtor. In contrast, the research pointed out that certain legal systems, such as the Egyptian framework, employ an alternative strategy by permitting a gradual price reduction if the property fails to sell at an initially set appropriate price. Furthermore, the research examined the impact of digital technology on the enforcement processes, demonstrating that the incorporation of digital methods in real estate auctions can accelerate the procedure and enhance transparency. Nonetheless, issues may emerge concerning the assurance of equity in the digital implementation of these processes. In summary, the study determined that legislative changes are essential to establish more equitable mechanisms for the execution of mortgage enforcement procedures, striking a balance between safeguarding the rights of the debtor and promoting the efficiency of enforcement through digital technology.