Supreme Court dismissed appeal regarding enforcement of claim limited to mortgaged property only.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against the lower court's decision to enforce a claim solely against the mortgaged property. The appellant argued that the claim should be enforceable against all assets, while the lower court held the mortgage limited the scope to the pledged real estate. The court upheld the limitation, ruling that the specific agreement restricting enforcement to the mortgaged property was valid and binding.
Legislator headnote
AI generatedSection 10 of the Mortgage Act; Section 10 of the Enforcement Act: When a claim is secured by a mortgage on specific real property, enforcement is generally limited to that property unless the creditor has a right to pursue other assets.
Keywords
AI generatedCited Legislation
AI generatedRelated Decisions
AI generatedFull text
Kysymys oikeasta vastaajasta jutussa, jossa oli vaadittu saatavan suorittamista vain sen panttina olevasta kiinteistöstä.