Mortgage Enforcement Dispute Regarding Land Security Agreement
On March 12, 2539, one million baht in a loan was mortgaged to Mr. To, whereby he registered a land mortgage with Mr. Ek, holding two land mortgage certificates as security for the debt. The mortgage agreement specified that it was a mortgage of land, a current debt, and future debts, totaling no more than baht, with installments of 2 million baht, each installment of 200,000 baht, for a total of 10 installments, commencing from the date of receipt of the funds as stipulated in the agreement. Mr. To fully paid off the debt after receiving the funds as per the agreement. Subsequently, Mr. Ek provided Mr. To with a second agreement, both parties having reviewed the original agreement and executed a loan agreement dated February 18, 2540, agreeing to borrow the same amount of money and repay according to the original conditions. This is the present case wherein Mr. To consented to Mr. Ek utilizing the original mortgage agreement and the original land certificate as security for a subsequent loan. Upon the expiration of the repayment period, Mr. To was unable to fully repay the principal amount to Mr. Ek as stipulated in the agreement. It is therefore asked whether Mr. Ek can enforce the mortgage of this land certificate, and the reason for the answer is as follows. The fact that Mr. To fully paid off the loan debt in the first instance, according to the aforementioned enforceable certificate, extinguished the matter as stipulated in Section 744 (1) of the Civil and Commercial Code. Although the registration for redemption of the mortgage was not performed, the loan borrowing consented to utilizing the original land certificate as security for a new loan borrowing, without registering it anew, did not constitute a mortgage for the purpose of securing a debt as stipulated in Section 714 of the Civil and Commercial Code. Even if the mortgage agreement specified security for debts in the future, if interpreted to allow this mortgage to be used as security for debts indefinitely without registration, it would render this mortgage capable of being used as security for debts without limit and without the need to register it again with the Land Office, which would not align with the intention, thereby depriving the State of revenue from registration fees. A lawsuit to enforce the mortgage against the aforementioned land certificate from Mr. To is therefore possible.
Criminal Procedure Law, Naval Vessels of the Royal Thai Navy traveled to field training and made stops for accommodation.