Complaint to the court against the action of a Private bailiff on the transfer of mortgaged property for sale at auction
District Court No. 2 of Almaly district of Almaty
Almaty city, Tole bi street, 8 (727) 333-11-50
From debtors: .......... IIN: ................ ............... IIN ............ mkr. ......................, d . 19, sq. 67
Representative by proxy:
Law Company Zakon i Pravo LLP
represented by the CEO
Sarzhanov Galymzhan Turlybekovich.
BIN 190240029071. Almaty, 79/71 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 700 978 5755
Defendant: Private bailiff
Executive district of Almaty city,
Baykushikova Gulzhan Serikbayevna
IIN __________ 114/85 Zhambyl Street, Republic of Kazakhstan,
Business City Business Center, office 111. +7 702 303 05 26 .
Kassablanka86@mail.ru gu.baykushikova@arpchsi.kz
complaint
on the action of a Private bailiff on the transfer of mortgaged property for sale
In accordance with the Bank Loan Agreement No. F-2224 dated 05.09.2012, concluded between JSC Bank Center Credit and ............... ( the borrower), .................... (co-borrower), the latter was issued a loan in the amount of 14,000,000 tenge, for a period of 180 calendar months, at 16% per annum, on the terms of payment, urgency and repayment. As a guarantee of proper fulfillment of obligations under the Bank Loan Agreement, the following is provided as collateral: apartment at the address: Almaty, md. ……... 19 sq. 67, according to the Re-mortgage Agreement for housing owned by private ownership №.............. dated 05.09.2012. Due to the financial difficulties of the Borrower, there have been repeated written and oral requests to the bank to provide any preferential conditions for fulfilling obligations under the Bank Loan Agreement in the hope of resolving the current situation in a peaceful manner before the court order.
In connection with the non-fulfillment of contractual obligations, the bank filed a lawsuit, after which on May 31, 2016, the Bostandyk District Court of Almaty, composed of the presiding judge Alpieva N.B., considered a simplified civil case on the claim of the Joint-Stock Company Bank Center Credit to ....................... on debt collection, the Court decided: The claims of the Joint-Stock Company "Bank Center Credit" to ……………… about debt collection – to satisfy. Collect in solidarity with ........................... in favor of Bank Center Credit JSC, a portion of the outstanding amount in the amount of KZT 16,303,913.
Complaint to the court against the action of a Private bailiff on the transfer of mortgaged property for sale at auction
On June 16, 2020, the Private bailiff of the executive district of Almaty, G.S. Baykushikova, initiated enforcement proceedings for №......... and a resolution was issued on the transfer of the mortgaged property for sale dated June 25, 2020, which we received on 06/26/2020. Dear Court, By the decision of the Private Bailiff of the Executive District of Almaty, G.S. Baykushikova, on the transfer of mortgaged property for sale, we disagree on the following circumstances: The CSI emphasizes that the court's decision is not being enforced, which is a violation of the requirements of the legislation of the Republic of Kazakhstan.
And the fact that the debtor's failure to fulfill obligations to the creditor is the basis for filing claims for foreclosure on the mortgagor's property, regardless of the provisions of the Pledge Agreement. However, dear court, the Plaintiff is taking all measures to enforce the court's decision and is fully cooperating with the recoverer and the bailiff. We would like to inform you that the Plaintiff is currently taking all measures to independently sell the collateral. Dear Court,!! The debtors do not fully agree with the Decision of the CHSI and do not recognize it, as it does not correspond to the current reality:
The mortgaged house as a security measure is the only real estate owned by the defendant, who, at the time of receiving the loan, is still raising imperfectly summer children. To date, the Plaintiff's children live in this house with their family, who also have their share in the rights in this 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. The debtor, after the arrest and assessment of the property by the bailiff and before the seizure or sale of the property, with the written permission of the bailiff and within the time limit set by him, has the right to sell the seized property at a value not lower than the estimated value. In this regard, we have sent a corresponding application to the CSI from the bailiff for the actual sale of real estate to date, no response has been received. The defendant is taking all measures to realize the property.
According to the Law of the Republic of Kazakhstan On Mortgage of Immovable Property (hereinafter referred to as the Law), Article 5. it says for immovable property in common joint ownership, a mortgage can be established with the written consent of all owners. Also in this Article, a Participant in common shared ownership may pledge his share in the right to common property without the consent of others. owners. Provided by art . 9 of the Law, the transfer of rights under a mortgage agreement is carried out in compliance with the rules on assignment of claims, and in the case of the issuance of a mortgage certificate - in accordance with the procedure established by Article 16 of this Law, and is subject to state registration in this case, this provision of the article is violated.
On the proc
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