He took a loan and gave an apartment as collateral. I paid off the loan, but it turned out...

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He took a loan and gave an apartment as collateral. I paid off the loan, but it turned out that I could not sell the apartment. The notary said that there is a ban on alienation hanging on the apartment. What do you recommend to do? Was it the bank that had to lift this ban with its own money?”

12.07.2023 23:05 514

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Photo of sikorsky.y.o Yaroslav Sikorsky

The notary, who imposed the ban, removes the ban on the alienation of property upon receiving the creditor's notice of repayment of the loan.

If the ban is removed by another notary who did not impose it, he sends a notice of the ban's removal to the place of storage of the case containing information on the imposition of the ban.

According to the fourth part of Art. 31-2 of the Law of Ukraine "On State Registration of Real Property Rights and Encumbrances" state registration of termination of real property rights as a result of the notary lifting the ban on alienation of immovable property in accordance with the Law of Ukraine "On Notaries" is carried out by the notary who has lifted the corresponding ban on alienation real estate, simultaneously with its removal.

Therefore, you need to contact the creditor with the demand that he inform the notary about the repayment of the loan and remove the prohibition on alienation.

If, for some reason, the creditor prevents the removal of the ban on the alienation of property, it is necessary to apply to the court, providing evidence of the fulfillment of the obligation. In this case, the ban on alienation will be lifted by court decision.

13.07.2023 21:23

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