Application form for cancellation of the extrajudicial sale of property under the loan agreement

Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.

In JSC "Bank Center Credit " address: _______________

from the Borrower/Mortgagor: LLP "___________" BIN: _____________

Almaty, pr. _____________ ______________ IIN ____________ Kazakhstan, Almaty____________

Proxy representative: Galymzhan Turlybekovich Sarzhanov

IIN: 850722301036. Almaty, Medeu district,050002, Zhibekzholy ave., 50, office 202,

Business center Quarter. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.

Statement

In accordance with the terms of the Bank Loan Agreement No. ___ dated February 23, 201_, on granting a loan secured by real estate, a loan was received for a total amount of 77,564,000 tenge secured by non-residential premises with a total area of Letter A - 690.1 sq.m., Letter B- 28 sq.m., Letter B - 24.6 sq.m., Liter G - 7.6 sq.m., Letter d - 5.9 sq.m., with a plot of land with a total area of - 0.62 ha, cadastral number №______________, located at: Almaty region, Karasai district, ______________, according to the Mortgage agreement (re-mortgage) no. ___ dated 02/23/201_.In view of the global crisis that has come, which the Leader of the Nation, President of the Republic of Kazakhstan Nursultan Nazarbayev, spoke about in his Messages to the people of Kazakhstan and asked them to be loyal in difficult times for the people and small businesses. Borrowers fulfill their debt obligations to the best of their ability.  

But, unfortunately, the current difficult times did not bypass the Borrowers, which led to a number of undesirable and unpleasant consequences for the business, both financially and morally, which caused an extremely desperate state to pay off the Loan obligation.Due to non-fulfillment of obligations properly by the LLP "___________" to Bank Center Credit JSC (hereinafter referred to as the Bank), which arose as a result of the concluded Bank Loan Agreement dated February 23, 201_, the Bank currently intends to conduct out-of-court auctions, which will take place on June 30, 201_ at 11:00 a.m. at the address: Almaty region, Karasai district, ______________.We inform you about the refusal to carry out an out-of-court sale provided by Bank Center Credit JSC as enforcement

 

obligations under the bank loan agreement dated February 23, 201_, collateral: Non-residential premises with a total area of Letter A - 690.1 sq.m., Letter B- 28 sq.m., Letter C - 24.6 sq.m., Letter G - 7.6 sq.m., Letter d - 5.9 sq.m., with a plot of land with a total area of - 0.62 ha, cadastral number No.03-047-273-398, located at: Almaty region, Karasai district, ______________, according to the Mortgage agreement (re-mortgage) No. __ dated 02/23/201_, this refusal from the extrajudicial sale of collateral is justified in accordance with the Law No. 406-IV of the Republic of Kazakhstan dated February 10, 2016 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on mortgage Lending and Protection of the Rights of Consumers of Financial services and Investors". In accordance with art . 24 of the Law on Mortgage of Immovable Property, the extrajudicial sale of mortgaged property is prohibited in the absence of the consent of the mortgagor.  

The procedure for the extrajudicial sale of mortgaged property carried out without the consent of the owner or co-owner is illegal, Article 25, Part 1 of the Constitution of the Republic of Kazakhstan, the guarantor of which is the President of our Republic, "Private property is inviolable. It is not allowed to deprive property, except by a court decision," and this property is also a source of family income, Article 26, Part 1 of the Constitution of the Republic of Kazakhstan, "No one can be deprived of their property, except by a court decision. Compulsory alienation of property for state needs in exceptional cases provided for by law may be carried out on condition of its compensation." Also, according to the "Law on mortgage of real estate" LLP "___________" has the right to file a waiver against the out-of-court sale of the pledged property.By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests.In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.In accordance with art . 8 GCRK: "Citizens and legal entities must act in good faith, reasonably and fairly in the exercise of their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs, as well as the rules of business ethics.

This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed." What kind of reasonableness and fairness can we talk about if the Bank resorts to abusing the right of the mortgagee, and does not make any concessions? The Bank suppresses attempts to resolve the current situation in a rational manner, moreover, taking into account the previously paid amounts, the amount owed today should be less than the amount presented.According to article 5. The objectives of civil proceedings are to protect violated or disputed rights, freedoms and legally protected interests of citizens, the state and organizations, strengthen law and order, and prevent offenses.According to the article

 

8 of the CPC RK., Everyone has the right, in accordance with the procedure established by this Code, to apply to the court for protection of violated or disputed constitutional rights, freedoms or legally protected interests. State bodies, legal entities, or citizens have the right to apply to the court for the protection of the rights and legally protected interests of other persons or an indefinite circle of persons in cases provided for by law. The jurisdiction provided for by law may not be changed by anyone without his consent. The waiver of the right to appeal to the court is invalid if it contradicts the law or violates someone's rights and legally protected interests.According to Article 11 of the CPC RK, property is guaranteed by law. No one can be deprived of their property, except by a court decision.In this regard, we ask you to cancel the extrajudicial execution in accordance with the principles of good faith, reasonableness and fairness.We are currently taking all measures to fulfill our contractual obligations, but due to financial difficulties, it is difficult to fully close the loan.We would like to inform you that, currently, Borrowers have put up for sale mortgaged real estate on social media on the Internet for sale in order to repay a bank loan.Based on the above,

I ask you to:

Cancel the out-of-court auctions scheduled for June 30th, 201_ at 11:00 a.m.;

To assist in the joint sale of mortgaged real estate in order to repay bank debts;

Give recommendations on the implementation of mortgaged real estate;

Respond to the application within the time limits prescribed by law.

I hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.

With respect,

Representative by proxy

___________________/ Sarzhanov G.T "___"____________201_ g 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

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