And here is the situation that I recently encountered (people came to the consultation), in which it seems that all the documents were drawn up correctly (the loan and the pledge agreement were drawn up by the bank) and the pledge agreement seems to provide a loan repayment ... But it turns out not. .. It is actually impossible to recover a debt, even in the presence of “collateral property” ... In my opinion, it’s a beautiful scheme ... But you need to know these schemes in order to resist them if necessary ...
DIAGRAM
with loans for the purchase of a car
The defendants:
A - the person whose documents were used to obtain a loan
N - the person who issued the loan under documents A
N-1 - the person who sold the mortgage property-vehicle
B-bank that issued a loan
P - the person who acquired the mortgage vehicle
And I lost my passport, which I used to get a loan for the purchase of a car in the amount of over 600 tr. N. When applying for a loan at B-N Bank, a pledge agreement was signed for a car purchased with credit funds. After the acquisition of motor vehicle N, without the knowledge of B, through N-1 he sells the automobile for cash for 600 tr. P, who is the new owner, uses this car. After the lapse of time, due to partial non-payment of the loan, B goes to court to recover the loan amount from A and asks the court to seize the collateral property, the car, which, in fact, already under the purchase agreement the sale does not belong to A, but P. During the trial, it is established that A lost the passport that H used to get the loan and the pledge. In this regard, the property pledge agreement, according to which B has the right to recover debt obligations A is invalid, because And it has nothing to do with its signing. In this regard, B cannot foreclose on a car located, like that of a bona fide buyer, at P.
Effects:
-B caused material damage in the form of the amount of the loan stolen N (600 TR)
-N and N-1 as a result of selling for cash vehicles P illegally enriched by 600 tr.
-P purchased a car at a price clearly lower than the sale price (if a similar car was purchased in a store) and remains the owner of this car due to the fact that it is a bona fide buyer and the obligation of the pledge agreement does not extend to the car due to its invalidity.
Beneficiaries:
H, H-1, P.
Victim:
B
Recommendations:
A more detailed check of the person receiving the loan at the bank. Registration of collateral property for the purpose of its verification at the conclusion of purchase and sale transactions.
