Enforcement by Realisation of Security

If your claim is secured by a movable pledge or mortgage, the enforcement plan must take that security into account. Whether ordinary attachment proceedings can be pursued directly despite the security is assessed under the statutory rule and exceptions. The scope of security is not determined solely by the debt amount.

When Is Enforcement by Realisation of Security Considered?

The security document, secured claim, debtor, and security provider's identity must be examined together. Mortgages and movable pledges do not follow the same procedure; depending on the document, judgment-based or non-judgment stages may arise. The security limit, interest and ancillary claims, and maturity provisions must be compared with the enforcement calculation.

For example, the mortgage ceiling and total claim may differ, or the property may belong to another person. Earlier payments, assignment of the claim, and mortgage ranking also matter. A mortgage entry in the land register alone does not show from whom and by which route the entire claim can be recovered.

Examine the Remedy and the Stage of the File Together

The third-party security provider and personal debtor may have different liabilities. Defects in the timetable for realisation and requesting sale must also be assessed separately for their effects on security and enforcement. Subsequent steps if proceeds do not cover the claim should be planned after reviewing sale and account documents.

Documents to Prepare for the Initial Review

• The pledge or mortgage document and official records
• The underlying debt agreement and maturity documents
• The claim, interest, and payment calculation
• The payment/enforcement order and sale and encumbrance records

To determine the enforcement route, compare the security document, current registry entry, and claim calculation together.

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