Short answer
First establish whether this particular loan may lawfully be mortgage-secured. Article 286 restricts using an individual’s real estate to secure a loan to an individual, subject to applicable exceptions.
Practical example
Two private persons’ agreement to lend against an apartment does not become a lawful mortgage merely because they want it. Restrictions may apply despite their intention to register.
What to do
Check lender status, borrower and property. For a permitted transaction, specify debt, priority and enforcement, and comply with notarisation and registration requirements. Secured loan funds must be transferred cashlessly where the law requires.
Legal basis
Georgian Civil Code — Articles 286, 289, 624¹. Checked on 28 October 2026. The outcome depends on the contract, facts and evidence.
YURFIRMA can review your documents and help prepare the appropriate demand or agreement. Contact us.
This is general information and does not replace a legal assessment of your specific case. The current law and the relevant facts are checked again when you seek advice.