Subject of Dispute: Recognition of Apartment as Mortgaged and Foreclosure of Mortgage Subject under the Credit Agreement.
Main Court Arguments:
1. The mortgage on the apartment remains valid, even if there was a temporary absence of its record in the register.
2. The alienation of the apartment occurred without the bank’s consent, during the validity of a court decision recognizing the mortgage agreement as invalid, which was subsequently cancelled.
3. The court established the bad faith actions of the original owner, who attempted to evade credit obligations by transferring the apartment to another person.
Court Decision: Recognize the apartment as mortgaged and foreclose on the mortgage subject, but with suspension of the decision’s execution during the period of martial law.
Note: The court deviated from previous practice regarding interpretation of the mortgagee’s rights under conditions of temporary absence of mortgage record.
