The Ministry of Justice reported that banks have the full right to withdraw from clients mortgage apartments at non-performance of conditions of the mortgage contract, reports "the Kommersant - Ukraine". Banks intend to select apartments at long delays on payments - over 90 days, but aren't ready to do yet it actively as it is more favorable to credit institution to carry out debt restructuring. However, the decision of bank to take away the apartment bypassing court can be challenged, lawyers speak.
Yesterday the Ministry of Justice recognized lawful extrajudicial withdrawal by banks of mortgage property at mortgage borrowers, having withdrawn an explanation for citizens of rather compulsory collecting the property which is a subject of a mortgage, of December 23, 2008. In an explanation it was said that "compulsory collecting a subject of a mortgage (or pledge) is possible only on the basis of a judgment", specifies "the Kommersant - Ukraine".
Now the ministry, referring to changes in the law "About a Mortgage", made on January 14 the law "About Prevention of Influence of World Financial Crisis on Development of Construction Branch and Housing Construction", reported: caution about satisfaction of requirements of an ipotekoderzhatel which contains in the mortgage contract, is equated on legal by consequences to the separate contract between the debtor and bank about satisfaction of requirements of bank.
It allows credit institutions to withdraw from borrowers mortgage apartments at violation of terms of the contract by them without judgment. "Earlier the Ministry of Justice was on the party of borrowers though banks could withdraw pledges by a right to sign of the notary. Now banks will be able to withdraw extrajudicially", - the managing partner юрфирмы "Lavrinovich and partners" Maxim Lavrinovich explained.
Bankers say that the reasons for pledge withdrawal in various banks different, but the main - delay of payments on the credit."Nonpayments, delays on the credit throughout long term and deterioration of a financial position of the borrower are the reasons of withdrawal of pledge. If the borrower can't or doesn't want to return the credit, the bank does everything possible to withdraw pledge", - the vice-chairman of board of "Ukrsibbank" Taras Kirichenko told.
As a rule, the bank begins procedure of collecting pledge at delay for a period of 90-120 days. "In contracts it is stated that in certain cases the client grants to bank the right of collecting mortgage property. The reason - when at the client arises delay on a debt, - the head of department of development of products for private clients of OTP of Bank Alexey Rudnev notes. - If he didn't pay, in a week we call him and we remind of it. If payments don't arrive, we invite him in bank and we solve a problem. For example, we offer реструктуризовать a debt that monthly payments were less. If he doesn't want or can't, the bank begins procedure of withdrawal of pledge".
The bankers interrogated by the "Kommersant" refused to comment, whether they will withdraw now more often mortgage property from clients. It should be noted that extrajudicial withdrawal of pledge leaves to the borrower the right to challenge such decision of bank in court. "The borrower has the right to challenge bank actions in court. Withdrawal of pledge is a long procedure which demands participation of the notary, bank, BTI. The borrower has time to learn about it and to challenge bank actions in district court in the bank location by a ban on property realization. But the success of business will depend on timeliness of submission of the claim in court and nuances in the conditions of the mortgage contract", - Maxim Lavrinovich explained.
We will note, yesterday the largest players of the American banking sector of Citigroup, Morgan Stanley and JP Morgan declared about introduction of the moratorium on withdrawal of mortgage housing. Thus, banks give the chance to the U.S. President Barack Obama to realize one of points of its program for support of mortgage sector for the sum of 50 billion dollars.
Bankers not forever forgave borrowers: the moratorium of Citigroup will work until the introduction in action of the program of support, but no later than March 12, and Morgan Stanley and JP Morgan Chase won't take away real estate only till March 6.
By this time has to earn approved by the Congress "Obama's Plan"" worth 787 billion dollars.One of elements of this plan provides allocation of 50 billions on restructuring of debt of the debtors not capable further to serve the mortgage loans.