1. The subject of the dispute is the replacement of the recovery claimant in the enforcement proceeding in the case of foreclosure on the subject of mortgage.
2. The court of cassation instance upheld the decisions of the previous instances regarding the satisfaction of “Kich Developer” LLC’s application to replace the recovery claimant “Cominvestbank” JSC with its legal successor, as it found that the assignment agreements were concluded lawfully. The court proceeded from the fact that at the time of the conclusion of the agreements there was an incomplete enforcement proceeding, and the fact of payment under the assignment agreement was documented. Also, the court noted that failure to notify the debtor of the assignment does not affect the transfer of the claim from the previous creditor to the new one. The court emphasized that the issue of the lawfulness of the acquisition of the claim by “Kich Developer” LLC is not a subject of investigation during the consideration of the application for replacement of a party to the enforcement proceeding, unless the agreement is declared invalid in accordance with the established procedure. The court also noted that the assignment agreements are not factoring agreements, as there are no signs of a financial service.
3. The court dismissed the cassation appeal, and the decisions of the previous instances remained unchanged.
