Publication date: 19.05.2024
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Cancellation of seizure of property
Real estate foreclosure in Ukraine is a process that can arise in various situations, such as debt repayment, execution of court decisions or elimination of illegal actions. Below is the general procedure for removing a seizure from real estate in Ukraine.
Grounds for removing the seizure from real estate
1. Full repayment of the debt: if the seizure was imposed in connection with debts, their full repayment can be the basis for lifting the seizure.
2. Execution of a court decision: if the arrest was imposed on the basis of a court decision, its execution may lead to the removal of the arrest.
3. Recognizing the arrest as illegal: if the arrest was imposed illegally, the court can cancel it upon a corresponding application.
4. Other grounds provided by law: For example, completion of executive proceedings.
The procedure for removing the seizure from real estate
Preparation of documents
1. Documents confirming the grounds for lifting the arrest: these can be receipts for payment of the debt, a court decision to enforce or cancel the arrest, other supporting documents.
2. Other necessary documents: passport, identification code, real estate documents (purchase agreement, certificate of ownership, etc.).
Appeal to the court (if necessary)
1. If the arrest is imposed on the basis of a court decision or enforcement proceedings, it is necessary to apply to the court for the removal of the arrest.
2. Application for the removal of the attachment: the application is submitted to the court that made the decision to impose the attachment. The application shall state the grounds for lifting the arrest and attach supporting documents.
3. Consideration of the case by the court: the court considers the application, after which it makes a decision to lift the arrest.
Appeal to a public or private executor
1. If the seizure is imposed within the framework of executive proceedings, it is necessary to contact the state or private executor who conducts the case.
2. Application to remove the arrest: submit an application to the executor with a request to remove the arrest, attaching supporting documents.
3. Examination of the application by the executor: the executor examines the application and issues a resolution on lifting the seizure.
Appeal to a notary or state registrar
1. After receiving a court decision or an executor's resolution, it is necessary to contact a notary or state registrar to make changes to the register of property rights to immovable property.
2. Submission of documents: documents confirming the removal of the seizure (court decision, executor's decision) and real estate documents are submitted to the notary or registrar.
3. Making changes to the register: The notary or registrar makes changes to the register, after which the seizure is removed.
Important aspects
Consideration periods: consideration of the application by the court or executor may take some time, so it is worth taking this into account when planning the procedure.
Legal assistance: in complex cases, it is recommended to seek help from a lawyer who specializes in property issues.
Challenging actions of the executor: if the executor refuses to remove the arrest, his actions can be challenged in court.
Conclusion
Removal of seizure from real estate in Ukraine includes preparation of the necessary documents, application to the court or executor, and subsequent changes to the register of property rights to real estate. It is important to ensure that all supporting documents are available and procedures are followed to successfully complete the process.
