Wierzytelność zabezpieczona hipotecznie w podziale sumy uzyskanej z egzekucji z nieruchomości (art. 1036 k.p.c.)

This article addresses the interesting and complex issue of mortgage-secured claims in the distribution of proceeds obtained from the enforcement of real property. It presents problematic aspects encountered by court enforcement officers, such as discrepancies between the amount recorded in the mortgage register and the actual amount of the claim secured by the mortgage, or the absence of an enforcement title held by the mortgagee, which is necessary to initiate payment. The author also examines questions such as what course of action the bailiff should take if the mortgagee fails to present an enforcement title, and how to determine whether the claim covered by the enforcement title corresponds to the claim secured by the mortgage. Unfortunately, the current legal framework does not provide sufficient clarity to resolve all of these doubts. For this reason, the legislator would need to intervene to discipline the mortgage creditor and obtain an enforcement title. They would also need to introduce explicit regulations concerning the amount of mortgage-secured debt not withdrawn from the deposit account, in order to enable creditors in the lower categories of satisfaction to be repaid. Keywords: enforcement against real property, mortgage-secured claim, distribution of enforcement proceeds, mortgage creditors, deposit account, liquidation of unclaimed deposits