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04.04.18 16:59:02

Igor Khasin to protect client in the enforcement procedure

On the 4th of April, 2018, The Appeal Court of Kyiv region refused appeals of the Department of Executive of the Ministry of Justice of Ukraine and upheld the decision of Makariv District Court of Kyiv region to abolish the acts of the State executors.

The State executive service returned the executive letter to the collector bank as it could not collect the mortgage under the Mortgage agreement. After returning the executive letter, the State executor has allocated the enforcement of the executive fee in a separate enforcement proceeding, and calculated it not from the cost of the mortgage, but from the total amount of debt under the Credit contract, despite the fact that under the Law "On Mortgage” property guarantor is only responsible to the value of the mortgage. Then the State executor made a decision to arrest all the property of the property guarantor in order to recover this executive fee.

The Court of the first instance and the Court of Appeal agreed with the arguments of the property guarantor, whose interests were represented by the attorney Igor Khasin, and cancelled the decisions to charge the executive fees and cancelled the arrest.