Buying mortgage cars at low prices has become more risky measure. Considering №6-168tss14 case, the Supreme Court ruled that the bank can claim the property even after its sale to a third party.
“Moreover, sales in compliance with all rules and procedures at public auction after collecting bank mortgage, and even in the event of bankruptcy of the debtor. The man who bought the movable property that once was pledged for the loan and the bank was sold to settle debts may become trapped. As the new Supreme Court decision left the financial institution the right to challenge the sale, for example, if the bank decides that he held with unfavorable price. And the money is not enough to cover not only the duty, but with penalties and interest. Today you are lucky buyer of a new car, and tomorrow the bank chooses it to you, and you still have to run to the courts to return the money set for bail “, – explained the situation the senior partner of the law firm Rostislav Kravets.
Usually people are hunting for mortgage machines for one reason – because an attractive price. “Mortgage approximately 30-40% cheaper than similar” Do not mortgaged. “But no “surprises” in the form of penalties and additional accruals inflation, the new buyer “buys” and even stranger’s debt. Buying collateral is always a very risky operation. Since most banks put up for public auction property vidnostno which is still a dispute, the outcome of which could be negative for bona fide purchaser “- said Senior Associate Darius David.
Lawyers can not give universal advice willing to buy a cheap car or other personal property. Recommended only general precautions – for example, see to it that for collateral was not a huge debt. “It is necessary to correlate the balance on the loan and the real value of the collateral” – advised us to advocate, Director of Investment Service Ukraine Ivan Gerasimenko. Ideally, that the price of the same car for 30-50% higher than the amount of debt the borrower.
On the one hand, experts recognize that even in the case of public auctions of collateral often occur abuse, and to please the customer specifically lowered the cost of the car. But at the same time ensures sharp decline in their sales if banks really will massively otsuzhivalis purchase mortgages machines.