Subject of Dispute: Invalidation of the Apartment Sale and Purchase Agreement and Cancellation of Registration Actions Performed During the Process of Foreclosure on the Mortgaged Property.
Main Arguments of the Court:
1. The mortgage agreement contained a provision on the possibility of the mortgagee acquiring ownership of the mortgaged property in case of the debtor’s failure to fulfill their obligations.
2. The plaintiff was properly notified about the change of creditor and received a demand to remedy the breach of the mortgage-secured obligation.
3. The court deviated from previous practice and recognized that a separate agreement on satisfying the mortgagee’s claims is not mandatory if the mortgage agreement contains the corresponding provision.
Court Decision: To cancel the appellate court ruling and uphold the first instance court’s decision to dismiss the claim.
