Exemption from seizure of immovable property | Enforcement of obligations | Removal of illegally imposed encumbrances
According to the Apartment Purchase Agreement dated 04/10/2001 between NSB (hereinafter referred to as the Seller) and MAA (hereinafter referred to as the Buyer), a purchase agreement was concluded for an apartment located at 34, sq. 14, Almaty. After registration of the agreement with the authorized bodies, MAA became the owner of the apartment. On May 30, 2006, M.P.A. and ATF Bank JSC entered into a Bank Loan Agreement No. R 1004-2006., in the amount of 55,485.00 US dollars, in which the principal debt is 20,000 US dollars, the bank's remuneration is 35,485.44 US dollars., where M.A.A. acts as The pledgor. The collateral provided for the fulfillment of obligations under the bank loan agreement, which is the only housing located at the address: Almaty, md. 8, 34, sq. 14, M.A.A. Thanks to the support and foresight of our Leader of the Nation. Nursultan Nazarbayev, the guarantor of statehood and defender of all citizens of the Republic of Kazakhstan, was instructed to adopt a program for refinancing mortgage housing loans/mortgage loans for his compatriots in need. In order to implement the instructions of the Head of State. The Government and the National Bank of the Republic of Kazakhstan have adopted a program for refinancing residential mortgage loans. The specified Program assumes that state support will be provided to citizens who received mortgage housing loans/mortgage loans in the period from 2004 to 2009 in the amount of no more than 36,470,000.00 tenge, to ensure sole housing, including borrowers belonging to socially vulnerable segments of the population in accordance with Article 68 of the Law of the Republic of Kazakhstan "On Housing Relations". M.A.A. It refers to socially vulnerable segments of the population. The funds allocated will be used to ease the conditions for servicing residential mortgage loans and do not involve writing off debts of problem borrowers.
Exemption from seizure of immovable property | Enforcement of obligations | Removal of illegally imposed encumbrances
Since the above Program has been approved and significant changes have been made to the refinancing program in our favor, the bank currently intends to review applications under the terms of the approved Program with amendments and additions, in case all encumbrances on Mortgaged Real Estate are lifted. However, on the pledged property of M.A.A., by the Decree of the senior investigator for the Department of Internal Affairs of the NKDP SU DBEKP in Almaty, captain of the financial police Tenizbaev R.A., authorized by the Semirechensk Transport Prosecutor, Justice adviser Dzhanibekov B., on June 18, 2009, in order to ensure the execution of the sentence or possible confiscation, an apartment located at Almaty, mkr. 8, 34, sq. 14 was seized. Since April 2001, according to the purchase and sale agreement No. 1-526., this apartment has been the property and permanent residence of A.A. Mansurova and her family., which in 2005, according to the Pledge Agreement No. ZKvFPp773-2005 dated 30.06.2005, was mortgaged to ATF Bank JSC in order to obtain a bank loan. However, the captain of the customs service, S.B. Bolat, has nothing to do with this apartment, as evidenced by the Certificate of registered rights of encumbrances of the Department of Justice of Almaty. If necessary, you will be provided with other legal documents. All our letters sent to the Department of the National Bureau for Combating Corruption (Anti-Corruption Service) in Almaty and the Department of State Revenue in Almaty for the removal of the imposed encumbrance were refused and recommended to go to court, however, the court also redirected our application for the lifting of the seizure of real estate to the body that imposed the seizure, as evidenced by letters and responses to Applications.
Based on the above, I ask you to check the legality of the letters from the Department of the National Bureau for Combating Corruption (Anti-Corruption Service) in Almaty, the Department of State Revenue in Almaty and the District Court No. 2 of the Zhetysu district of Almaty on the refusal to release real estate from seizure.; Provide a legal response and ways to decide which of the above-mentioned authorities is competent to remove illegally imposed encumbrances by officials. Subsequently, the Prosecutor's Office satisfied all our applications and removed the encumbrances.
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