What are the legal risks associated with purchasing real estate that has an existing...?

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... a mortgage?

25.06.2023 22:06 332

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Photo of lorina200215 Lorina Fedan

Here there is a counter-concept such as "sale of mortgaged real estate". Based on this, it is almost impossible to sell mortgage real estate (apartment). Therefore, it is also impossible to buy real estate with a mortgage.

In Ukraine, it is extremely rare to undertake the sale of a mortgage apartment: neither notaries nor banking institutions are interested in signing such contracts. After all, according to the Law of Ukraine "On State Registration of Real Property Rights and Encumbrances", the sale of encumbered housing is prohibited.

It is not easy to find someone who wants to buy a mortgage real estate, especially under favorable conditions for the seller. However, if it was possible to find a buyer of mortgage housing, you should first verbally agree with him on the alienation of real estate. Like any property, an encumbered apartment can be sold on favorable, unfavorable and unprofitable terms.

Favorable conditions: a person willing to buy a "debt" apartment pays the current owner of the house the amount he has already paid under the mortgage agreement, and in the future agrees to pay the rest of the debt. This is a good option for the seller. So he loses relatively little.

Unfavorable conditions: the potential buyer of the apartment in the mortgage pays the seller only a part of the amount that he gave to pay the debt to the bank. Therefore, the owner of the home in debt loses another part of the money, as well as the right to this home.

Unprofitable conditions: the worst option for the seller, when in extremely critical situations he sells the house, in return, he does not receive compensation for the paid part of the mortgage debt. He "gets out of the mortgage", losing the funds he used to cover the mortgage until now, and being left without real estate.

26.06.2023 16:33

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