Petition for suspension of the bailiff's action
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District court No. 2 of Almalinsky district of Almaty.
from the defendant: ............... IIN ...................... city of Almaty,
mkr. .............., ..............., St. ................., D. 15.
Proxy representative: Law and Law Law Company LLP
represented by CEO Galymzhan Turlybekovich Sarzhanov.
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 of the executive district of Almaty city
.................. IIN .................. 050000, Republic of Kazakhstan,
Almaty city, ul. .......... 49a, office 401. phone:8 701 ……………
THE PETITION
on the suspension of all actions of the CHSI for the sale of collateral real estate
On December 27, 2019, as a private bailiff of the executive district of Almaty city ....................... enforcement proceedings were initiated and a resolution was issued on the transfer of the mortgaged property for sale, which we received by mail on 01/13/2020. Petition for suspension of the bailiff's action Dear Court, by the Decision of the Private Bailiff of the Executive District of Almaty city ................, We disagree on the transfer of the mortgaged property for sale due to the following circumstances: In January 2020, we submitted it to the Bostandyk District Court. Almaty has submitted applications for postponing the execution of the court's decision on foreclosure on mortgaged real estate for a period of one year, as the Akimat of the Nauryzbay district is currently negotiating with the population on the purchase of land for State needs in the order of priority for the construction of multi-storey buildings, this is reported on the official Internet resource of the Akimat of Almaty.
Akimat employees are working to notify all residents of the area and are collecting copies of title documents for residential and non-residential premises located within the project area, as well as the defendant's house is subject to demolition, which was verbally told to him by Akimat employees. Along with this, the petition for the suspension of the bailiff's action is not provided by the defendant to sell the house on his own, since most people know that the houses in the area will be demolished and no one has any particular desire to purchase houses in the area. The CSI emphasizes that the court's decision is not 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.
Dear Court,!! The debtors do not fully agree with the CSI Resolution and do not recognize it, as it does not correspond to current reality: the mortgaged house as a security measure is the only real estate of the defendant, who at the time of receiving the loan is still raising imperfectly summer children. To date, the defendant's children live in this house with their family, who also have their share in the rights in this property. Petition for suspension of the bailiff's action 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.
Petition for suspension of the bailiff's action
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. The petition for the suspension of the bailiff's action In Accordance with art. 21. The sale of the mortgage in court is carried out in accordance with the court's decision on the claim of the mortgagee. In this case, the sale of real estate, which is the subject of a mortgage, is carried out by selling at public auction in accordance with the procedure established by procedural legislation.
When making decisions on foreclosure on real estate mortgaged under a mortgage agreement, the court must determine and indicate in the decision: 1) all amounts payable to the mortgagee from the value of the pledged property, with the exception of the costs of protection and sale of immovable property, which are determined upon completion of its sale. For amounts calculated as a percentage, the amount for which remuneration is accrued, the amount of remuneration and the period for which they are due must be indicated.
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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