The Effects of Selling Property at Auction by Ordinary Creditor Barrier on Mortgagee Creditor Rights Analytical Study in Jordan Execution Law

Abstract

The study titled The Effects of Selling Property at Auction by Ordinary Creditor Barrier on Mortgagee Creditor Rights has toke place under the provisions governing the sale of ordinary creditor barrier contained in Execution law. The study has concluded that the Jordanian legislature did not take into account in organizing the sale of real estate by auction by the ordinary creditor barrier guarantees that in law of an immovable security for debt, including minimum bidding began. So does the creditor, if the mortgagee creditor and debtor collusion only recourse to annul the sale, leading to wasted time, effort and money.  The legislature did not indicate a situation which action of contract or by auction and the impact on the debt secured by the mortgage, which affects the result on the right of the mortgagee creditor intervention or further implementation. The study concluded that a set of recommendations that wished the Jordanian legislature to be adopted.