What are the popular types of mortgages obtained by a banker? How the mortgage(s) is/are enforced by the bank? Cite the relevant provisions of the Banking Regulation Act or of Code of Civil Procedure as applicable.

Popular types of mortgage and their enforcement by the bank are under: Mortgage by deposit of title deeds (Equitable Mortgage) Simple mortgage English mortgage Enforcement of all these types of mortgages is by way of filing a suit for sale of mortgaged properties. The procedure for filing a suit for a sale is provided for in the Code of Civil Procedure, 1908. The Section 16(c) of the Civil Procedure Code provides that a suit for sale of mortgaged property shall be filed in the Court within whose jurisdiction the mortgaged property is situated. Order 34 of the Civil Procedure Code provides for various things to be adhered to while filing suit for sale of mortgaged property. When a suit for sale is filed, the Court after hearing the parties passes a preliminary decree. Through the preliminary decree it directs the mortgagor to pay the mortgage debt within a certain period and in the event of his failure to pay the money due under the mortgage, the Court orders for sale of mortgaged properties by passing a final decree. After passing of the final decree, the mortgagee with the help of the Court gets the mortgaged property sold in execution of the mortgage decree.