Civil Code

These standards meet the requirements of the mortgagee through the acquisition of ownership of the mortgaged property is identified primarily with the method of foreclosure, which along with others, can be used, if any, specified in the contract. Therefore, in the case that this method of foreclosure in the contract mortgagee under Part 2 of Art. 16 Civil Code of Ukraine has the right to demand of his trial. Furthermore, the possibility is through the courts to decide the issue of foreclosure of the mortgaged property by mortgagee acquiring title to it, irrespective of address this issue out of court due to the fact that often in the mortgage agreement, such conditions are written clearly and indicated only a general rule such a possibility.

Consequently, not specified in the contract all terms of transfer of title to the subject of mortgage to the mortgagee, and given only a general possibility of this, there will be no grounds for re-registration and ownership of the mortgaged property (Section 2.2 of the Interim provisions on the procedure of state registration of ownership of real property, approved by Order of the Ministry of Justice of Ukraine on 07.02.2002r. 7 / 5, registered in the Ministry of Justice of Ukraine 157/6445 for 18.02.2002r and part 1 his Appendix 1). Forced evictions carried out by a court only under certain conditions: if people do not voluntarily vacate a dwelling house or premises on which the levy as a mortgaged property within one month from the date of receipt of the written requirements of the mortgagee or the new owner or in any other period agreed by the parties.