Under the Executive inscription of the notary it is necessary to understand the special order of the notary directed on foreclosure on a subject of a mortgage. This recovery involves the forced sale of the debtor’s property, left as collateral, to recover the resulting debt. The order of the notary can be made only based on documents which without fail confirm obligations of the debtor before the creditor. That is, indisputability of obligations of the debtor is a basis for Commission of similar collecting of pledge property.
From the above we can infer that the Executive inscription is not a solution to the dispute between the debtor and financial institution, but only the confirmation of certain obligations of the debtor.
The law of Ukraine On enforcement proceedings considers the Executive inscription of a notary as a document that is the basis for the opening of enforcement proceedings. This fact is also due to the appeal of the lender for the recovery of collateral for repayment of debt obligations arising on the mortgage loan.
Features of consideration of documents by a notary:
- The Bank, before sending the package of documents for consideration by the notary, is obliged to send the debtor its claims for repayment of the entire amount of debt in advance and warn him about the fact of appeal to the notary. The financial institution must do this at least 30 days before applying to the notary. In turn, the Bank also provides the notary with documents that would confirm the fact of sending the debtor the relevant requirements.
- Unlike judicial review, a notary performs his duties only based on documents provided by the Bank. Neither the Bank, nor the debtor at Commission of an Executive inscription are not present.
- The penalty for delinquency and penalty on credit payments will be included in the enforcement inscription only if it is stipulated by the credit agreement.
- The fact of indisputability of debt obligations can be confirmed only through documents of primary accounting.
- The Executive inscription of the notary can be made by any notary of Ukraine with whom the Banking institution works.
To make an Executive inscription, the Bank submits to the notary the following package of documents (standard set):
- application made in the name of a notary, with a request to make an Executive inscription;
- the contract on the credit;
- mortgage contract document;
- calculation of debt on primary accounting documents;
- primary accounting documents;
- statement of account under the loan agreement;
- documents confirming the fact of claims to the debtor for early repayment of debt and a receipt that would confirm the fact of sending such claims;
- constituent documents of the financial company;
- Obtaining a decision of GIS-a on termination of enforcement proceedings and removal of arrest from the client’s property.
- Monitoring of cancellation of encumbrances through the Unified state register of property rights to real estate.
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