In 2022, Petrivsky Quarter 3 LLC undertook the construction of a house in the village of Svyatopetrivske and took an obligation to transfer apartments to property rights buyers. However, to date, it has not completed the construction. The developer ignored the application for withdrawal from the contract and refund of investments submitted in the client's...
Mortgage for 21 million UAH. / Court judgement in favor of client.
Mortgage for 21 million UAH. / Court judgement in favor of client.
The court of first instance upheld the claim to invalidate the contract of sale of a 6-room apartment 181 square meters on Independence Square in Kyiv. The bank sold the right to demand a credit debt in the amount of 3.6 million hryvnias secured by an apartment mortgage. The market value of the collateral is 21 million hryvnias.
In 2017, the mortgagor died. The new creditor, in order to take possession of the apartment, sold it as a mortgage to a friendly buyer in 2021 for 2.8 million hryvnias. Then - breaking into the apartment, mechanically locking the door, etc.
During the legal protection of the heir in court, violations of the law were proven in the actions of the new mortgagee and the buyer of real estate, in particular, the lack of proper transfer of rights from the bank to the new mortgagee, deficiencies in the assessment of the apartment before the sale under Art. 38 of the Law "On Mortgages", maliciously understated the price of the contract.
The trial lasted 16 months. After the court decision enters into force, the apartment becomes the property of the client as the successor to the rights and obligations of the deceased testator.
13-06-2023
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