Mortgage agreement: some questions judicial practice

The article discusses some issues of judicial practice, in terms of the legal regulation of the mortgage agreement. Due to the widespread use of such a method of securing the performance of an obligation as a pledge, shortcomings of legislation were identified, as well as gaps in judicial practice. At the same time, the new norms of the Civil Code of the Russian Federation have not solved all the problems associated with such a way of ensuring the fulfillment of obligations as the conclusion of a mortgage agreement. Not all legislative innovations can be recognized as justified and clearly defined, some of them require coordination and further improvement.