A private client applied in 2010 to allTax legal and tax advisers regarding a dispute with FUIB Bank. Litigation between the Client-Debater and PJSC "FUIB" continued on collection of debts and foreclosure of mortgages from 2010. The amount of debt was more than 5.5 million hryvnias. The bank received an executive inscription of the notary and separately appealed to the court to recover the debt under the loan agreement.
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Expertise: lawyers of allTax legal and tax advisers filed several lawsuits: regarding the recognition of the executive inscription of a notary that is not subject to execution and recognition of a loan agreement null and void. Together with the lawsuits, an application was filed to secure the claim by seizing the immovable property and forbidding the bank to dispose of it. Litigation disrupted the forced realization of the debtor's real estate. After many years of court sessions, the parties began negotiations. Taking into account the impossibility of selling real estate for a long time, as well as the annual reduction in real estate prices starting from 2008, in 2017 the parties agreed on favorable conditions for the completion of the dispute.
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According to the results of the negotiations, an agreement was signed between the parties on the repurchase of real estate owned by the Client for 40 percent of the market value as of 2017 and the repayment of own debt, amounting to more than UAH 5.5 million per 1 thousand hryvnias. In fact, real estate was saved to the Client and the conditions under which the remaining debts of UAH 5.5 million were written off.
A partner of allTax legal and tax advisers Artem Sereda protected interests of the Client in the court against PJSC “FUIB”. Conducting negotiations on settling disputes out of court served by managing partner of allTax legal and tax advisers Victor Sereda.