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Mortgage Disputes

By issuing a loan, any self-respecting bank thinks not only about the funds from which you will give money, but also due to what it will return the money if something goes wrong with you.
In life, everything is relative. Today you have a good job with high wages. And tomorrow, no.
Today there is a profitable business. And tomorrow he is not so profitable, or he is not at all.
In order not to be trapped tomorrow, the bank today intends to give an answer to the question of what it will do if you run out of income from which you plan to repay the loan.
One of these insurance options is mortgage.
In essence, a mortgage is a mortgage of real estate (a house, apartment, land, garage, at the worst). If you have it, of course.
A special feature of a mortgage is that, unlike a mortgage, you do not give the mortgaged property to a financial institution. In the case of a mortgage, it remains in your use and possession. That's just in possession of your property, for obvious reasons, you are limited until the full payment of the loan.
Mortgage arises from a mortgage agreement, which is subject to notarization.
The purpose of the mortgage, as well as any collateral, is a source of satisfaction of the requirements of the bank, in case of your inability to repay the loan.
The law allows that the recipient of the loan and the mortgagor may not be the same person. Of course, if you take a loan and are ready to mortgage your own apartment, the bank, for its part, will only welcome it. And if there is no apartment, but you agree with your relative that he will ensure that you return the loan to his apartment - the bank will sign the mortgage agreement with him without any problems. In the second case, it is considered that the mortgage was provided not by the debtor, but by its property guarantor.
So, if the mortgage is signed and the loan is not returned on time. We say goodbye to the property?
Do any countermeasures to the bank or do you have to put a sad end to the issue of owning mortgage property?
That such a tool is in almost all cases.
1. Do not forget that in all cases, if the bank went to war with you and is trying to foreclose on your real estate, the judicial procedure can be delayed .
That is, you use all the possibilities and the entire arsenal provided to you by the law, in order to legally tighten the time limits for the consideration of a court case. If you try a judicial procedure, you can pause for up to several years.
This tool will allow you to gain time. During this time, money may appear to repay the loan in full or in part, improve other circumstances that impede its repayment, etc.
2. If appropriate grounds are identified, can be considered invalid (not concluded) mortgage agreement . This will automatically exclude the bank’s right to satisfy its claims at the expense of your property.
If such an agreement was drafted in a hurry, it is necessary to verify its actual conditions with the list of essential conditions of a mortgage agreement, which are mandatory by direct instructions of the law (article 18 of the Law on Mortgage). description of the subject of the mortgage, as well as references to the mortgage or lack thereof.
This law explicitly indicates that the absence of at least one of the essential conditions listed in the mortgage agreement entails the emergence of grounds for judicial challenge against such thief.
3. Satisfying the interests of the bank at the expense of your real estate is not a momentary process. The bank needs not only to win the judicial procedure in all instances, but also to realize real estate - that is, to transform it into money.
In this aspect, we should not forget about your right to track the legality of the bank’s actions and appeal any illegal his actions on any stage of the sale of your real estate.
For example, the law grants you the right to appeal the results of open tenders as the final stage of the sale of your property. You can realize this right no later than three months from the moment of their holding.
4. The mortgage agreement can be changed or terminated if the circumstances have substantially changed since its conclusion. At the same time, these circumstances should be so drastic changes that if the parties had foreseen this, signing the contract, then they:

  • • Either would refuse to conclude a contract at all,
  • • Either they would have signed it under completely different conditions.

Such a contract is modified or terminated in court.
5. Another important aspect is the agreement of the second half to sign the contract. It is important to understand (if you are legally married) whether the written consent of your second half to dispose of real estate was selected at the time of signing the contract with the notary. The fact is that if this property is acquired after the marriage, then it is legally considered the conscientious property of the spouses. And spouses must dispose of them by mutual agreement.
Therefore, it does not matter who actually earned money on real estate and for whom it is legally registered. It is important that the transfer of such property into a mortgage without the written consent of your second half violates the norms of family law and entails the possibility of judicial challenge to such a contract.
6. Perhaps you not only got married, but also have children who are also registered in the areas of your real estate. There are also possible questions to the bank at the time of the beginning of the satisfaction of its requirements at the expense of the mortgage.
This is due to the fact that the law prohibits parents from signing contracts that may be contrary to the interests of their young, underage or disabled children .
Proceeding from this, such an agreement can also be tried to be challenged in the framework of a judicial procedure.
7. Separately, cases where the recipient of the loan and the mortgagor do not coincide in one person. Under such circumstances, you can take the position that the mortgage agreement is a mixed agreement that contains the terms of the pledge and surety agreements.
On this basis, the rules applicable to the guarantee agreement apply to such an agreement, in which If the main obligation (credit) is changed without the mortgagor’s consent, the mortgage is terminated. That is, here the general rule of the guarantee agreement is in effect, on the basis of which the surety must agree in writing to the renewed obligation under which he is entrusted. changes, in particular, include:

  • • increase the interest rate on the loan;
  • • increasing the loan itself;
  • • it is possible to extend the loan repayment term (as the period for which interest is calculated increases, which means the amount of payment for the loan issued);
  • • change of the loan debtor, etc.

The presence of one of these circumstances makes it possible to dispute the validity of the mortgage agreement in the framework of the judicial procedure.

Do you have problems with the bank?
Does the bank evict you to the street and rob your apartment?

Contact our law firm! We, our specialists, will accompany you at all stages of a court case and ensure the achievement of the desired result!


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