Property Transferred

October 7, 2010 the Trial Chamber on Civil Cases of the Supreme Court of Ukraine held the generalization of the judicial practice of considering the civil cases arising from the credit relationship (2009-2010) (Excerpts) In particular, the analysis of claims statements indicates that when you contact the court to creditors is limited only by the requirement to foreclose on the mortgaged property / collateral without the requirement to collect the appropriate amount of debt. When Settlement of Disputes in this category is considered fundamental if a court finds non-performance or improper performance of the principal obligation, only if a court and has the right to foreclose on the subject of mortgage / pledge. Under the provisions of Art. Art. 33, 35 of the Law of Ukraine "On mortgage", according to which in case of violation of the basic obligations and / or conditions of the mortgage contract mortgagee and the mortgagor directs debtor, if he has different faces, a written request to eliminate the violations no later than thirty days. This document specifies a summary of broken commitments and to prevent the transfer of the mortgaged property in case of failure to do so. If within the time limit requirement of the mortgagee is not satisfied, the mortgagee may initiate foreclosure on the mortgaged property in accordance with this Law. Failure to comply with these regulations is an obstacle to foreclosure on the mortgage, but does not preclude treatment with a claim against the debtor on the implementation of the secured mortgage obligation accordance with Part 2 of Art.