Subject of Dispute: Claiming Back an Apartment from a Bona Fide Acquirer in a Case of Foreclosure on a Mortgage Object.
Main Arguments of the Court:
1. The court established that the mortgagee complied with all necessary procedures for out-of-court foreclosure on the mortgage object: sent a demand to remedy violations, conducted a property valuation, and acquired ownership of the apartment in accordance with the “On Mortgage” law.
2. The court confirmed that until February 26, 2020, there was no mandatory requirement to submit an evaluation report to the registry, therefore the absence of such a report cannot be grounds for canceling the property ownership registration.
3. Since PERSON_3 is a bona fide acquirer who purchased the apartment under an onerous contract and was unaware of possible previous violations, claiming back the property from them is impossible.
Court Decision: To leave the cassation appeal unsatisfied, court decisions of previous instances – unchanged.
