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Loan can become a time bomb. Reader Banks.ru took a mortgage have seen a series of unexpected situations, to provide that it was almost impossible.
"I have been informed that the debt is still $ 20 thousand."
In 2007, Olga Bazhenova issued a mortgage loan by 180 thousand dollars in Moskommertsbank to buy an apartment in Moscow.
"At the end of 2014, when there was a sharp rise of the dollar, to pay became difficult, in this connection, several times I asked about restructuring, but the Bank did not go forward. Was the court which rendered the decision to recover the debt. And in the end all the debt we paid through bailiffs, after which enforcement proceedings were closed," she says.
After completion of payments Olga went to the Bank to get a mortgage. "Instead, I was told that my duty is 20 thousand dollars, as the Bank has not terminated the loan agreement. And continued to accrue some interest. To make calculation as it emerged the debt, I failed," — says Olga Bazhenova. "In total the Bank, we paid 310 thousand dollars," she said.
Grocery widget Version Bank: officers wrong
Moskommertsbank say that the situation looks different and the debt arose legitimate.
"In 2007, the borrower had taken a mortgage in dollars. In connection with the jump in the dollar in 2008 the borrower stopped to repay the loan, and a lawsuit was filed in the court. Court issued a decision on collecting from the customer the amount of debt and foreclosure on the mortgaged property. After that, in the judicial process, the parties entered into a settlement agreement on the procedure of repayment of the loan that the borrower calls the "serviceable loan", — told in the press service of the Bank.
a New round of troubles began in 2015, after a sharp jump in the dollar. The value of the dollar then increased almost two times, and the borrowing again have problems paying the loan. According to the law in violation of the settlement agreement immediately begin enforcement proceedings. The Bank received the funds for repayment of the loan by the bailiff. Funds received as a result of foreclosure on the mortgaged property, and directly from the borrower.
"But in the process of repayment of the Federal bailiff service had violated the distribution of incoming funds. In particular, funds paid by the borrower in 2016 on account of the FSSP with the objective of full repayment of the debt under the credit agreement instead of the loan repayment was mistakenly withheld from the FSSP as the payment of the enforcement fee, which is in accordance with the law shall be recovered from the debtor after repayment of debt", — explained in the Bank.
Guilty police officers — paid by the debtor
these actions of the police officers was challenged in court, and in July of 2018, the FSSP sent the funds to repay debt of the borrower under the credit agreement. But the penalty was already formed, and it was accrued interest. The Bank claim that it is legal.
"because of untimely crediting of these funds the borrower has debt to repay the loan and pay interest, which, in accordance with the credit agreement continued to accrue a penalty. At her and pointed the borrower. Penalty for late repayment of loan and payment of interest accrued by the Bank is legitimate and is not an interest on interest in the meaning of article 395 of the civil code. Currently, with the borrower negotiations on the settlement of the problem with the penalty in an individual order" — summed up in Moskommertsbank.
Lawyer advises re-apply to the court to recover the amount of the resulting debt from the bailiffs. "Any penalty can be reduced court. But because in any case it is desirable that the accrued interest, resulting in the fault of the Federal bailiff service, praised the court when considering the appropriate claim. Accordingly, record these agreements with the Bank without a trial can only be provided if the proposals of the Bank will be really interesting. If the issue of penalty through judicial review, then such award can be collected from the FSSP, because the cause of its formation is closely connected with the actions of bailiffs, which is already declared illegal by a court," — says the partner of law Bureau "Zamoskvorechye" Dmitry Shevchenko.
Advisor "First legal network" Denis Gorulev believes that the Bank in this case is right. "The borrower should enter into a settlement agreement in the framework of enforcement proceedings, since it is possible at any stage. Given that he regularly made payments, it makes sense," concludes the expert.
Anna PONOMAREVA, Banki.ru
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