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In my country (Republic of Serbia) there are two ways of mortgage enforcement: out-of-court procedure and court enforcement procedure. The first mentioned, out-of-court procedure is performed in accordance with the Law on mortgage and it is based on the mortgage statement document (sometimes called "the pledge statement") and the second mentioned, the court enforcement is performed in accordance with the Law on enforcement and securization and it is based on mortgage contract or statement. Once the mortgage statement is signed by the owner of the real estate(s), it has to be certified by the court and based on that statement a creditor is entitled to register the mortgage at competent register (cadastral municipality).
Registered and title collateral documents which is mortgaged with the lender and the lender possess legal recourse to repossessed the mortgaged property in case of default. In case if the sale proceeds of mortgaged property is not covered against the outstanding debts, the Bank has rights to get attached the other assets of mortgagor i.e. non encumbrance collateral for recovery of outstanding liability.
Title Deed - a legal document proving a partie's right to property
Repossession Notice as specified in Loan Agreement
The mortgage document that allows the bank to repossed my house is Notary deed
In the above mentioned event apart from the foreclosure clause mentioned in the agreement signed by the mortgager and mortgagee the legal document is the registration of mortgage in the title deed of the property
