Subject of the dispute: Cancellation of the bank’s state registration of property ownership for an apartment that was transferred as a mortgage under a loan agreement in foreign currency.
Main arguments of the court:
1. The bank did not comply with the procedure for notifying the plaintiff about the breach of obligations, which makes it impossible to apply an out-of-court method of satisfying the mortgagee’s requirements.
2. The disputed apartment falls under the moratorium on seizure of property from Ukrainian citizens for loans in foreign currency, as it is the plaintiff’s only housing with an area less than 140 sq.m.
3. The state registrar had no grounds for registering the bank’s ownership of the apartment due to the moratorium and non-compliance with the notification procedure.
Court decision: Uphold the previous court decisions on cancellation of the bank’s registration of property ownership for the apartment and reject the bank’s cassation appeal.
