The mortgage is not only the main part of the collateral
instrument but also is a key element of loan agreements and legal
matters related thereto. No doubt that the dynamics of the
development of loans directly depends on the transparency, legal
certainty and consistency of approach to the mortgage relations on
part of legislative and judicial authorities. Every foreign or
domestic lender assesses associated risks when preparing a
particular deal. Risks associated with the use of a mortgage,
including the the risks of security enforcement are quite
important. Unfortunately, currently legal practice in such matters
is still far from being perfect, however certain positive trends
can already be observed.
