The Law Firm "Moskalenko & Partners" Has Won Dispute with "Raiffeisen Bank Aval" for a 1.2 Million UAH
08.04.2015
The essence of the case was as follows. In 2012 the customer sold the mortgaged property in order to fully pay off the credit, because by that time the bank has already received a default judgment for the recovery of debt under the credit agreement and the borrowers did not appeal against it. 2.5 years later the bank claimed to court with the requirements to issue duplicate executive documents and restore the deadline to file for execution, intending to collect the entire amount in full, even without the deduction of the selling price of the mortgaged property.
The trial court without causing borrowers and do not notifying their representative about the hearing ruled in favor of the bank.
The Court of Appeals of Odessa Region examined our appeal and declared the decision of the first instance court illegal and unreasonable, adopted with a gross violation of procedural rules, canceled it and directed a new trial in the first instance.
