This is published in the edition Economic News. The publication gives an example that the Economic Court of the Odessa region (judge Lepeha G. ) Defined the mortgage agreement between the Porto-Franco Bank and the Grani company as invalid because the firm allegedly entered into a cooperation agreement with the Capital Construction Department of the city of Odessa, in one of the additions to which the impossibility to enter into a mortgage agreement was registered Consent of the cooperating parties. The bank did not know of the existence of such an additional contract. It became known seven years after the conclusion of the agreement between Porto-Franco and Grani, when the bank decided to recover from the debtor a mortgage - a multi-storey building.

It was under construction that he issued a loan of $ 751 thousand. To ensure the obligations of the firm transferred to the mortgage bank all of its property rights developer to the house. The mortgage was registered with a notary in compliance with all the necessary legislative provisions. After the end of the loan period, the firm did not pay it, commencing bankruptcy proceedings. Apartments and non-residential premises developer, despite the mortgage, has already sold.

As soon as the bank began the process of collecting mortgage property, the UKS filed a lawsuit in court in connection with the fact of the contradiction of the mortgage agreement to the cooperation agreement. In fact, we are talking about the fact that the mortgage contract, which was concluded by a notarized form and registered in a notarized register, is contrary to the contract of cooperation concluded in simple written form. Such an uncomplicated scheme allows you to challenge literally any mortgage or mortgage agreement.

If the decision is recognized by the Odessa Court of Appeal, this will invalidate any previously concluded pledge agreements with any structures. It is enough to write a simple contract of cooperation with any person, for example, with a neighbor or with another firm, in which it is impossible to enter into a mortgage agreement without the parties'. To do this earlier than the date of the mortgage agreement is not difficult: the date of the mortgage agreement is registered in the register, and the date of conclusion of the contract can be put any.

The legal community of Ukraine watches with interest the decision of the appellate economic court of the Odessa region in order to understand whether this scheme has the right to life or the court will nevertheless understand the incompetence of such a decision and will show that in this way the treaty can not be recognized as invalid. Otherwise there will be a bunch of new lawsuits about the recognition of mortgage contracts as invalid. There is also a question whether it is possible to reconsider other legal disputes on recognizing mortgage contracts as invalid in connection with this decision of the court, the newspaper writes..