How honestly did not pay the bank

28.11.2010 13:00
Articles about real estate | How honestly did not pay the bank - Can I say that in case of default of its loan obligations (mortgages, loans to buy cars), the borrower is caught in a difficult financial situation (not a crook), are uniquely lose the mortgaged property? Can there be an exception here?

- You can not argue that an honest borrower clearly would lose the apartment or car, if he, for objective reasons are having problems with payment of the loan. Depending on each specific situation can and must find ways to solve the problem. The legislation provides for the right bank to collect the debt in this way in case the borrower fails to fulfill its obligations. But this does not mean that the apartment (the car) must be taken away.

Related article: Funding for the program concessional loan home purchase in 2011 will increase by 55%

- If a mortgaged house registered minor children, whether the bank has the right to sell it in case of default by the borrower of its obligations? If not, how will continue to build a relationship bank and the borrower will be held as loan repayment?

- To sell the flat for a bank to be problematic: it is necessary to seek permission of the board of trustees. If the apartment was privatized with the participation of children, ie children participated in the privatization and are, therefore, the owners of the apartment, it's even more powerful argument. But only until maturity. Law "On social protection of homeless citizens and homeless children." Article 12: "To carry out any transaction relating to immovable property, ownership or right of use who have children, the consent of the guardianship authorities. In such cases it may be another way, for example, give back to other property.

- Right Does the bank sell the mortgaged apartment, if it has registered the elderly?

- Human elderly citizen of the same as everyone else. He is, perhaps, has any benefits, for example due to disability. But this is not a legitimate argument for solving such problems.

- Can the bank select mortgaged apartment if minors were registered after the loan and their registration prohibited by the terms of credit agreement?

- In accordance with the Law of Ukraine "On freedom of movement and residence," every citizen of Ukraine, including minors, must register their place of residence (what used to be called registration). Therefore, the restriction on registration of the mortgage contract is not a priority and does not exempt citizens from enforcing the law. Consequently, the bank can not accept such registration null and void.

- In case of sale of the mortgaged vehicle, it must be removed from the register in the SAI. But this is only possible in case of loan repayment. Does this mean that banks can not put up for sale car for nonpayment of debt?

- In some cases the contract of mortgage banks immediately provide the right to remove a car with a registration for resale, in addition, such a right granted to the state Executive during execution of judicial decisions. Also, the bank may enter into a contract of sale without removing the vehicle from the register, and the new owner, having received court decision on his ownership, re-register the car itself.

- Do you know of cases where the borrower is unable to defend their interests in court?

- Yes, I know. For example, there was a case when the apartment was done remodeling, and then became a four-room two-bedroom apartment, and on the documents on which the mortgage was granted, she was still a three-room. And when the bank filed a claim, the customer to prove in court non-compliance of the bank subject of mortgage.

- What are the problems you might encounter when buying apartments and cars, which were pledged as collateral?

- The Bank may keep silent about the fact that there is litigation with the owners of the apartment. Then you can stay a while and with no money and no assets. It is important to check the legally "clean" apartments or cars.

- As a borrower, in difficult financial circumstances, to build its relationship with the bank and collectors?

- Do not hide, go to the contact with the bank, with the collector. Remain honest to the lender, then more likely to find a compromise solution to the problem situation. Trying to negotiate with the bank. Apply to lawyers and together build a relationship with the bank. It is always possible to negotiate and resolve any issue.

- Should I go for help to the anti-collectors?

- Why not? After all, with the help of specialists borrower will be able to behave correctly with the bank to defend its interests. A lawyer versed in the intricacies of the case, it is easier to build a behavioral strategy of the borrower in each case. And it can be used to delay, for example, mortgage payments for six months or a year.

- In which case you take to defend the interests of the borrower in court and on what basic factors depends on a positive outcome for him? How can make the cost of your services?

- Brothers defend the interests of the borrower can almost always. Legal ethics can not guarantee the customer a positive result. The result depends on the honesty of the parties to the dispute, the phase in which the lawyer was connected to the case, etc. The lawyer provides services in the provision of legal aid and the cost of services depends on the complexity of the problem: in the judicial process may be several cases one by one just this issue. In addition, the lawyer will collect and carefully check the number of documents, conduct negotiations, build strategy and tactics of relations with an opponent.

The average price for legal services market starts at $ 500 for conducting a civil case.

- When a credit agreement may be declared invalid by a court?

- The reason for the recognition of the transaction null and void is the failure at the time of the transaction the parties with the requirements established by the Civil Code of Ukraine:

• The content of the transaction (the contract) can not contradict this Code, other acts of civil law and moral norms of society;

• a person who enters into a transaction must have an appropriate amount of civil capacity;

• expression of members of the transaction should be free and to meet its internal freedom;

• The transaction should be directed to the real achievement of legal

implications as specified by it.

The deal done by the parents (adoptive parents) can not contradict the rights and interests of minors, minors or disabled children.

The same is null and void the deal if its invalidity is established by law (worthless transaction). In this case, the recognition of such a transaction as invalid by the court is not required. If the invalidity of the transaction is not directly established by law, but one of the parties denies its validity on the grounds established by law, such transaction may be declared invalid by a court. If the loan agreement is a paragraph on penalties in the event that will be registered under-age children in the mortgaged house in a mortgage, you can only challenge this contract clause, but it's not a reason to invalidate the entire contract, because it does not violate the norms of the Law. In addition, the borrower himself agreed with this point, since the contract was signed.

Restriction secured the contract for the registration is not a priority. Consequently, the bank can not accept such registration null and void.
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