Application to the Department of Consumer Protection of Financial Services at the AFR
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To the Department of Consumer Protection of Financial Services at the Agency of the Republic of Kazakhstan
on regulation and development of the financial market city of Almaty,
residential district "Koktem-3 TAL@finreg.kz + 7 727 237 13 01.
from: ................ IIN ……………… Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 78 58; +7 708 971 78 58.
Statement
Between Kazkomertsbank JSC and Halyk Vapk JSC (hereinafter referred to as the Bank) and ..... .......... (Hereinafter referred to as the Borrower), a Bank Loan agreement No. 1884 was concluded, according to which the bank provided the defendant with a loan in the amount of 130,000 US dollars for the purchase of real estate for a period of 180 months. In order to ensure the fulfillment of obligations under the Loan Agreement, according to Mortgage Agreement No. 172 dated 30.01.2007, an apartment located at the address: Aktau, 14-20-110 owned by Krasheninnikov D.V. was provided as collateral. Due to financial difficulties, the Borrower made late payments of debt obligations to the Bank. The borrower is recognized as a problem borrower. Accordingly, the Bank had previously filed a claim for recovery of the amount owed and subsequently for foreclosure on the mortgaged property. February 29, 2012, Court No. 2 Aktau, Mangystau region, as part of the presiding judge Tulesinova N.O., with the secretary of the court session Kalpakov A.Sh., with the participation of the plaintiff's representative under power of attorney No. 2439 dated 10.11.2011 Mukhasheva I.Yu., the representative of the Defendant acting under power of attorney Mashinsky I.Yu., Vidyukova L., having considered in open court in the courtroom of court no.2 g . Aktau civil case on the claim of Kazkommertsbank JSC against Krasheninnikov D.V., Vidyukova L.A., on debt collection and foreclosure on mortgaged property, The Judge Decided - to satisfy the claim of Kazkommertsbank JSC against Krasheninnikov D.V., Vidyukova L.A., on debt collection and foreclosure on mortgaged property. To collect, in solidarity with Krasheninnikov D.V., in favor of Kazkommertsbank JSC, the amount of debt in the amount of USD 130,358.68.
Application to the Department of Consumer Protection of Financial Services at the AFR
In 2015, to reduce the debt burden of citizens, the First President, Leader of the Nation Nursultan Nazarbayev, was instructed to mitigate the debt burden on mortgage agreements. Subsequently, on the basis of the decree of the First President of the Republic of Kazakhstan, the Board of the National Bank of the Republic of Kazakhstan adopted Resolution No. 69 on April 24, 2015 on the program of refinancing mortgage housing loans/mortgage loans for citizens who find themselves in a difficult financial situation. According to subparagraph 5), paragraph 4 of Resolution No. 250 of the National Bank of the Republic of Kazakhstan On Amendments and Additions to Resolution No. 69 of the Board of the National Bank of the Republic of Kazakhstan dated April 24, 2015 (hereinafter referred to as the Program), where the FPC/KFU, within the limits of the amount of remuneration to be received from the Bank, repays the claims of the Bank, the Organization in the amount of exchange rate difference resulting from refinancing of: problem loans in foreign currency (with overdue debt for more than 90 days as of January 1, 2015); - loans in foreign currency, for which judicial acts on debt collection in national currency (tenge) at the exchange rate on August 18, 2015, entered into force after August 18, 2015;
Application to the Department of Consumer Protection of Financial Services at the AFR
- loans in foreign currency for which judicial acts were issued in national currency (tenge) at the exchange rate after August 18, 2015, corresponding to the conditions of Chapter 4 of Section 1 of the Program, between the official exchange rate of the National Bank as of August 18, 2015 and the date of refinancing or the date of the judicial act in national currency (tenge). Referring to the above-mentioned programs, earlier on December 2, 2020, we submitted an application to the Bank requesting that Borrowers be included in the housing mortgage loan refinancing program approved by the National Bank of the Republic of Kazakhstan for No. 69 and refinance the loan. On December 9, 2020, due to the lack of collateral under the Loan Agreement, the authorized body of the Bank decided to refuse to refinance the mortgage housing loan. Disagreeing with the Bank's refusal, on December 18, 2020, we filed a complaint with the commission for reviewing borrower complaints regarding the refusals of second–tier banks under the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan (hereinafter referred to as the Commission). On January 15, 2021, the Commission considered the issue of refusing refinancing under the Program at a meeting and considering the sale of collateral before the Program was launched, i.e. the absence of collateral at the present time, as well as the Bank's right to refinance, the Commission decided to recognize the Bank's refusal to refinance under the terms of the program as legitimate. As of today, the previously accepted collateral is on the Bank's balance sheet. Accordingly, March 25th
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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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