A ten-year lawsuit regarding the recovery of an administrative building in Zaporizhya was resolved in favor of the legal successor FC “Investohills Vesta”
In 2007, the company “Investments and Real Estate” concluded a loan agreement with PJSC “Forum Bank”. As an obligation under the loan agreement, the company transferred an administrative building with a total area of 2134.5 sq. m. to the bank for a mortgage, located at the address: Zaporizhya, Recordna Street, 20a.
In 2009, a contract was signed between JSC “Investments and Real Estate” and LLC “Corporate Group” for the repair of the above-mentioned administrative building and landscaping of the adjacent territory. As a result, a new address was illegally assigned to the real estate on Recordna Street, 20a (to Recordna Street, 18b), the total area was increased to 2189.4 sq. m., and the owner was changed.
19.04.2009 by the decision of the Khortytsky District Court of Zaporizhya in case No. 1-221 / 10, an official of the company “Investments and Real Estate” was brought to criminal responsibility for the fact of illegal assignment of an address to pledged real estate.
For 10 years 2009-2019, PJSC “Bank Forum” repeatedly appealed to the local courts of the city of Zaporizhya with claims for foreclosure of the mortgage subject to the new nominal owners of the administrative building. However, each time the owners alienated the mortgage collateral in advance in favor of new individuals or legal entities, which prevented the implementation of the court decision.
Only in 2021, according to the claim of FC “Investohills Vesta” against the companies PE “New Dimension – 2021” and LLC “Bizline” in case No. 908/2147/19, the courts of all instances established the fact of illegal multiple alienation of real estate at the address: Recordna Street 20a in the city of Zaporizhya. Also, foreclosure was levied on collateral property in accordance with Article 23 of the Law of Ukraine “On Mortgage”.