Subject of the dispute – foreclosure by the National Bank of Ukraine on the mortgage object (property complex) due to non-fulfillment of credit obligations by a bank in the liquidation stage. The court was guided by the fact that the mortgage is an accessory (additional) obligation and shares the fate of the main obligation. Since the debtor bank is in the liquidation procedure, according to the position of the Grand Chamber of the Supreme Court dated 12.06.2024, the creditor can exercise mechanisms of accessory obligations only after its claims are accepted by the Deposit Guarantee Fund and the register of accepted creditor claims is approved. The court also noted that regarding a bank being liquidated, the NBU does not have a preferential right to satisfy its claims.
The Supreme Court cancelled the decisions of previous instances and denied the National Bank of Ukraine’s claim for foreclosure on the mortgage object.
