What if the Bank takes the house? - News about real estate, Kiev, Kyiv region. Real Estate In Ukraine

What if the Bank takes the house? - News about real estate, Kiev, Kyiv region. Real Estate In UkraineHow to assert their rights to the apartment bought on a mortgage when a forced withdrawal. Practical advice.Probably the deputies now are too busy to defend the interests of the population. In April 237 th votes for the Parliament adopted the Law On the protection of property rights of citizens in the period of recovery of Ukraine's economy from the financial crisis. Main point: until the end of the crisis it was intended to prevent the forced removal of the dwelling purchased for Bank loans, if it is a permanent place of residence of the borrower.And the end point of the crisis is determined only by the Parliament upon the proposal of the government. But such a moratorium confiscation of the housing, the President vetoed, and BP in November not only able to overcome the necessary 300 votes, but exhibited only 56 bayonets against the decision of the head of state.From now on mortgaged housing can be picked up even before the expiration of the loan agreement concluded with the Bank, if the customer fails to repay the principal or pay the interest on the loan. If before it was necessary for the court's decision, now it is enough Executive notary on the mortgage agreement. Unfairly, after the crisis, many people are deprived of work and sources of income that allow us to repay the loans.Two truthsYushchenko has justified its decision to allow banks to deny people a roof over their heads that they, issuing long-term mortgage loans citizens (usually 15-20 years) and not getting their payments, can bancarotta. In the end, not only will form the banking system, but also citizens who have deposits in banks will not be able to withdraw their savings. Indeed, the debtors without offsetting credits, baffled and banks, and those who entrusted them with their savings.Mr. Stanislav, Chairman of the Board of the Association of Ukrainian banks, considers troubled debt soon will be at least 20% of the loans obtained, whereas today they reach 15% of loans. However, we note that the lion's share of defaults banks is not connected with the citizens and with the mortgage and legally persons.But there is another truth of life, which, actually, and was killed defending the law. If a person is temporarily unable to pay the loan, in bums to translate? The June crisis was forbidden by law to forcibly evict individuals in debt if they bought on credit shelter is the only place of residence.But here there was a conflict. The Ministry of justice, until recently, supported a moratorium on citizens being deprived of a roof over your head. However, after Parliament withdrew from the protection of debtors, with the filing of the President, the Ministry of justice gave the green light to confiscate secured apartments, for which there are payment delays.Is there any risk when buyingWe asked realtors, is it safe to get housing, selected banks for mortgage debt.Director of the Academy "Alexander" Alex Krasotoj said: "Quite a notary inscriptions confirming the Bank's right to dispose of collateral. Such seized property to buy is safe: the former owners are unlikely to prove that they were wrongly evicted. The more the buyer will not have any claims, if insolvent borrowers out of the housing by a court decision".But there is an alternative opinion. "I do not advise to buy homes that banks take away from the debtors if they do not agree to it," says Director of "the Golden key" Sergei Stepaniuc. — Notarial inscription — no armor for the legitimacy of the forced sale of the apartment. And even judicial decision on the alienation of housing cannot guarantee the safety of his purchase. And forced the sale of insolvent borrowers will certainly often be challenged in court".Summary: if you buy a house, may be involved in legal showdown.5 ways to deal with the banks for credit apartmentsOn them we told the President of Ukrainian Union of lawyers Yuri Michalski and Director of law firm "European legal Union" Alexander Vanzha.Method 1: re-structure the debtInvite the Bank to restructure the debt on the mortgage, referring to the anti-crisis act of 23 June: he has no right to deny you such an initiative. Then you will only pay interest on the loan, and the Bank will not be able to charge penalties for nonpayment of principal, especially to dispose of the collateral apartment.Moreover, if funds allow in the future to pay the debt, the Bank will be required annually, within 5 years from the time of the conclusion of the restructuring agreement, reduce the amount of debt by 0.25%.Method 2: Reschedule the apartmentEven if the contract with the Bank there is no clause to reschedule housing, can do it. Then, if a Bank wants to take it, it will appear that... such property no longer exists! Enough to make separate bathroom and toilet combined bathroom or to demolish the wall between the bathroom and the balcony, he took receipt of a new registration certificate from the Bureau of technical inventory.Meanwhile, the technical specifications on the updated apartment you can go for years not to get. And without a new registration certificate, the Bank will not be able to sell your apartment. 'll need to bring housing in the original form, and then you can, citing lack of money for years to abandon this Renaissance of his abode.Method 3: do Not go to the notaryThe notary before putting Executive inscription initiated by the Bank on the alienation of the apartment (especially if the expiration date of the credit agreement has not expired), is obliged to invite both sides and to listen to any objections. Of course, you will be, and then the notary public is unlikely to take responsibility to endorse early termination of the contract.But you can just ignore the invitation of the Bank for this rendezvous, and force you to bring to the notary has no right. And if the latter values its license, outside of your presence Executive inscription will impose. Otherwise you are in court can easily prove that the notary was not, therefore, he broke the law and should be disbarred.Method 4: Ataskaita the Bank through the courtsIf you go to court on the basis of the Law "On protection of consumer rights", even the state duty will not pay. In the lawsuit indicate that as a consumer of services (and in fact the mortgage loan belongs to them) suffered as the Bank, to prematurely and unilaterally terminated the loan agreement, violates your consumer rights.Further, according to article 47 of the Constitution, no one shall be forcibly deprived of housing other than on the basis of the law and court decisions. Here one can appeal to the Civil code, which was amended on extrajudicial seizure of housing, but the status code is higher than the law allowed it to do. Finally, if you have minor children and they reside in the pledge apartment, will require approval of the Board of Trustees for their eviction in case of sale. A Trustee is unlikely to give the nod, if for no children alternative shelter.Method 5: assessment DisputeBefore selling an apartment, the Bank must obtain the opinion of an independent appraiser on its value. And you can challenge in court, saying that housing is more expensive. New expertise — and you, again, do not agree with the assessment.

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