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Снятие ареста с ипотечной квартиры

The arrest imposed on the apartment is a measure of caution on the part of the state Executive body or private contractor. This statement also applies to any other property. The purpose of such a measure is to prevent the debtor from realizing the collateral and to avoid credit obligations to the financial institution.

It is important to understand that the arrest of the apartment can be imposed and in the process of implementation of the decision of the judiciary (you need confirmation from the registration services), and in the process of opening enforcement proceedings after the appeal of the creditor.

At its core, the removal of arrest is a process that is carried out in the interests of the debtor (rare exceptions – in the interests of the creditor), obtaining documentation that would indicate the abolition of this measure of caution on the part of the GIS.

Such documentation includes:

  • the court decision to remove the arrest from the apartment
  • resolution of SIS or private contractor
  • extract from the unified state register of real estate.

To achieve the removal of the arrest from the property, it is necessary to comprehensively analyze all the points of the loan agreement, as well as court decisions in the case and documentation for enforcement proceedings. This approach will allow identifying possible options for the removal of the arrest as soon as possible and with minimal financial costs.

It is important to remember that in most cases, the argument (and therefore the reason for the removal of the arrest) will be only one. That is why you may not have a second chance to achieve a positive result. This fact explains why it is so important to initially choose a professional lawyer who knows the Banking specifics, as well as has the necessary practical experience in a dispute with the Bank.

How to act when you found out that your property was seized?

Before you start to act, you need to find out which body and on what basis imposed the arrest. It is possible to find out it thanks to the Uniform state register of the rights to property. Access to the resource is completely open, but paid for citizens. To deal with this resource simple layman will be quite difficult, which is why we recommend contacting a lawyer or a lawyer who will help you with this.

After receiving this information, it is necessary to start collecting the documents that became the basis for the arrest of your property. Such documents may include a court order or an Executive order. The collection of documents is quite a complex and painstaking procedure, which definitely cannot do without professional help.

As practice shows, you will have to restore justice in court. For drawing up the claim, selection of arguments in your defense, high-quality representation in court you will need an experienced lawyer or lawyer. The most important thing is not to despair and start acting immediately. And in our company, you will always be able to get high-quality legal assistance.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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