The court agreed with the arguments of the representatives of FC “Investohills Vesta” regarding the illegal actions of the debtor
02.03.2015 DGF initiated the liquidation procedure of PJSC “Bank Kambio”. The reason for this was: the low quality of the bank’s assets, the insufficient number of reserves formed, the bank’s failure to fulfill its obligations to depositors and creditors, as well as numerous violations of regulatory legal acts of the regulator.
09.01.2020 an open auction was held for lot No. GL19N614456. The subject of the auction was the pool of assets of PJSC “Bank Kambio”, which included the rights of claim and other property rights under credit agreements to the debtors of the bank. The winner of the auction, with a price offer of UAH 11,180,844, 73, was FC “Investohills Vesta”. The main part of the funds received from the sale of the property and assets of the insolvent bank at auction will provide payments to depositors of PJSC “Bank Kambio”.
FC “Investohills Vesta” within the framework of the contract of assignment of claims to borrowers of PJSC “Bank Kambio” became the new lender of LLC “LEON” under credit and mortgage agreements. However, in the course of working with the debtor, the company’s representatives encountered illegal actions of borrowers. The debtors made an attempt to withdraw mortgage real estate from the credit encumbrance with the help of third parties.
A certain citizen Kostenko A. P. initiated a number of lawsuits in order to recover credit debt and mortgage real estate in his favor under the contracts of LLC “LEON” and PJSC “Bank Kambio”. Kostenko A. P. explains his claims by acquiring the right of claim under the credit agreements of LLC “LEON” from the Limited Liability Partnership “Inland Transit”. In turn, the LLP “Inland Transit” allegedly has the status of a creditor after the repayment of the loan debt of LLC “LEON” on the basis of a pledge agreement of property rights.
During the meeting of the Northern Economic Court of Appeal dated 13.04.2021 in case No. 910/12931/18, the invalidity of a number of contracts and transactions on the basis of which the “Inland Transit” company repaid the credit debt of LLC “LEON” under contracts with PJSC “Bank Kambio” was established. In particular, the agreements on the pledge of property rights and the withdrawal of the right of claim between PJSC “Bank Kambio” and LLP “Inland Transit”, as well as transactions regarding the withdrawal/termination of mortgage contracts, were declared invalid. FC “Investohills Vesta” has been recognized as the new lender of LLC “LEON”.
However, representatives of the company “Investohills Vesta”, initiating the recovery process, faced a new obstacle. As it turned out, the mortgage apartment, pledged as collateral under the loan agreements of LLC “LEON”, was divided without the knowledge of the lender into two separate residential areas with the assignment of new registration numbers. Thus, the borrower illegally removed the collateral from under credit and mortgage encumbrances, after which he transferred both apartments to a third party for a mortgage. One of the residential real estate objects was alienated to a new owner. All these actions were carried out without the consent of the lender of PJSC “Bank Kambio”. Representatives of FC “Investohills Vesta”, after the company acquired the rights of the creditor, were also not notified by the debtor about these actions with mortgage property.
To protect the rights of the mortgagee and legitimate interests regarding mortgage real estate, the lawyers of the company “Investohills Vesta” appealed to the Economic Court of the city of Kyiv with a claim and requirements to secure it by arresting and prohibiting the implementation of registration actions in relation to residential real estate objects “created” by dividing the mortgage apartment.
The Economic Court of the city of Kyiv, by a ruling of 21.07.2021, case 910/11472/21, satisfied the requirements of FC “Investohills Vesta”. In order to exclude further alienation/separation and other illegal actions in relation to mortgage property, these real estate objects were arrested by a court decision.