21 January 2016
Error realtor
Stage: eviction
The debt owed to the bank: 110 thousand. Dollars
Petersburg realtor Tatyana Petukhova two years can not sell an apartment in Khrushchev in the Kirov district of the city. The irony is that she has to sell their own homes. She’s doing it to pay off the debt to the bank.
In May 2007, Petukhov took 6300 in the bank «DeltaCredit». Currency Mortgages she did not seem a good idea, but much choice she had. «Ironically, but realtors are at risk with such occupations as guards and drivers. Earnings unstable, that banks and we do not want to lend, «- explains Tatiana.
«DeltaCredit» was the only bank that has agreed to consider the application form of Petukhova. Specialists Bank offered only USD loan, and after thinking she agreed.
«At that point in my hands the dollars were more likely than rubles — says Tatiana. — Payment for the purchase or sale of flats took place in dollars. I usually exchanged a small amount for household expenses, and the rest held in foreign currency. After all, we practically lived in the dollar zone.»
At the time of purchase of an apartment at Petukhova was only 10% of its value (15 thousand. Dollars). According to her, the bank asked her to take 20% as consumer credit and 70% as a standard mortgage. At the same time the deal Petukhov was put out at the same time, both the loan and her monthly payment is 1705 dollars.
The first financial problems at the realtor began in autumn 2008: the dollar went up to 30 rubles. And the property market, on the contrary, it began to sink. Revenues Tatiana began to gradually decline. In 2010, the first payment missed Petukhov. In 2013, the delay increased to 8 thousand. Dollars. The matter even reached the court, but the realtors managed to negotiate with the bank on the repayment of current debt. Standard programs «DeltaKredita» Petukhova did not fit.
«In order to transfer the debt from dollars into rubles, it was necessary to provide a certificate that my income is more than 100 thousand. Rub. But I’m a private realtor, I have no place to take such a statement. Yes, even if it was, the conditions were still unrealistic. I simply had no money for food, «- says Tatiana. So she agreed with the bank to sell the apartment.
«The Bank has estimated it to 5 million rubles. — At market value, for which it is impossible to sell. It is clear that any buyer would prefer not to deal with the collateral apartment, but for the same money to buy a home with no history «, — says Tatiana.
In the two years to sell their own apartment realtor failed. In September 2014 Tatiana made the last payment on both loans. In December Petukhova by
On their own court Petukhov was not hit. The lawyer, who turned to the woman offered to wait agenda. A month later, the expectations on the Court’s website Petukhov found that two meetings have already passed, and the decision was made. On receipt of the text of the decision in court the lawyer took another month. By this time period that the law is given in the appeal was held.
As stated in the decision of the Kirov district court of St. Petersburg, that Petukhov had not received subpoenas, it is regarded as a failure to obtain judicial notices, which means that the court may take a decision in the absence of the defendant. «To foreclose on the mortgaged property… defining the initial cost of 4.1 million rubles. … The implementation of the mortgaged property is held by sale at public auction «- written in the judgment.
In May, the bank received a writ Petukhov and warned that the end of June will pass the case to bailiffs.
«Filing a lawsuit is a last resort when other possibilities have been exhausted by the payment of arrears or when a borrower refuses all options offered by the bank», — said the head of service of the arrears «DeltaKredita» Olga Shuvalov.
Sergei Morozov, a lawyer law firm «Khrenov and Partners»:
«Unfortunately, often there is a situation where the court does not send the borrower agendas of hearings. In this case it is reasonable to challenge the court’s decision. By virtue of para. 2 hours. 4 of Article 330 of the Civil Code of the absolute grounds for cancellation of the decision is the case in the absence of the defendant is not duly notified. Therefore, Tatiana has a good chance to achieve a retrial.
However, expect a totally different outcome in the new examination is not necessary. Rather, the Court in any case make a decision to recover from the borrower’s indebtedness under the contract. Therefore, the best option is still to negotiate with the bank on an acceptable version of the debt repayment. If this fails, the borrower has the right to object to the recovery of the pledged apartment. Article 446 of the Civil Code does not allow for repossession of the only habitable dwelling, available from the borrower.»
