How to buy back a loan from a bank that is being liquidated – step-by-step instructions
At one time, many citizens of Ukraine took out a loan from a bank under a mortgage on housing (apartments, houses, land, commercial real estate). The change in the dollar exchange rate, the economic and political situation led to the inability of citizens to repay loans, and banks, in turn, went into liquidation, bankruptcy.
According to official data from the Deposit Guarantee Fund for Individuals, the list of banks to be liquidated currently includes:
- JSC UNISON BANK
- JSC RODOVID BANK
- JSC BOGUSLAV BANK
- PJSC COMMERCIAL BANK GEFEST
- JSC NOVY
- PJSC DIAMANTBANK
- PJSC FINBANK
- PJSC VECTOR BANK
- JSC NK BANK
- PJSC PLATINUM BANK
- JSC Fortuna-Bank
- PJSC CB Investbank
- PJSC BANK «TRUST»
- JSC «ARTEM-BANK»
- PJSC «KSG BANK»
- PJSC CB «EUROBANK»
- PJSC «CLASICBANK»
- PUJSC «SMARTBANK»
- PUJSC «FIDOBANK»
- PJSC «BANK MIKHAYLOVSKY»
- PJSC «CB «KHRESHCHATIK»
- JSC «CB «SOYUZ»
- PJSC «BANK «SOFIYSKY»
- PJSC «BANK PETROCOMMERCIAL-UKRAINE»
- JSC CB «TK CREDIT»
- PJSC «UKRINBANK»
- PJSC «AVANT-BANK»
- PJSC «CB «PREMIUM»
- PJSC «USB BANK»
- PJSC «VBR»
- JSC «Bank «Finance and Credit»
- JSC «BANK VELES»
- PJSC Bank «Kontrakt»
- PJSC «UNIKOMBANK»
- JSC «Bank «National Investments»
- PJSC «Integral-bank»
- PJSC «RADIKAL BANK»
- PJSC «AKB «CAPITAL»
- JSC «Delta Bank»
- PJSC AB «STOLICHNY»
- PJSC “UKRGAZPROMBANK”
- PJSC “UKRKOMUNBANK”
- JSC “SP BANK”
- PJSC Bank “Morskoy”
- PJSC “ChBRR”
- PJSC “BANK NATIONAL CREDIT”
- UPB PJSC
- PJSC Bank Kievan Rus
- PJSC “OMEGA BANK”
- PJSC JSCB Kyiv
- PJSC KB “STANDARD”
- PJSC “ENERGOBANK”
- PJSC CB NADRA
- PJSC “KREDITPROMBANK”
- JSC «IMEXBANK»
- PJSC «ZLATOBANK»
- PJSC «UKRBUSINESSBANK»
- JSC «UKROOPSPILKA»
- PJSC «PROFIN BANK»
- PJSC «VAB Bank»
- PJSC «CITY COMMERCIAL BANK»
- PJSC «Bank Cambio»
- PJSC «LEGBANK»
- PJSC «BG BANK»
- PJSC «MELIOR BANK»
- JSC «PORTO-FRANCO»
- PJSC «CB «AKSIOMA»
- Bank «Demark»
- JSC «CB «EXPOBANK»
- PJSC «GREEN BANK»
- PJSC «INTERCREDITBANK»
- PJSC «AKTABANK»
- PJSC «PRIME-BANK»
- PJSC «TERRA BANK»
- PJSC «KB «AKTIV-BANK»
- JSC «BANK ZOLOTYE VOROTA»
- JSC «EVROGAZBANK»
- PJSC «KB «UFS»
- JSC «FINROSTBANK»
- PJSC «KB «YUGOKOMBANK»
- PJSC «KB «PROMEKONOMBANK»
- PJSC «Starokyevsky Bank»
- PJSC «AKB Bank
- PJSC Zapadinkombank
- PJSC CB “INTERBANK”
- PJSC “BANK FORUM”
- JSC BANK “MERCURY”
- JSC BROKBUSINESSBANK
- PJSC “REAL BANK”
- PJSC “COMMERCIAL BANK “DANIEL”
- JSC BANK TAVRIKA
- JSC “ERDE BANK”
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What will happen to the loan and your personal property? Can it be sold during the liquidation procedure? It can and will definitely be sold through electronic trading in order to pay off the bank’s debt to creditors who have declared their claims. In the process of selling the right of claim on your loan, the bank, financial company, legal entity or individual becomes a party to the loan agreement and a party to the mortgage agreement and, in turn, has the right to demand that you repay the funds and interest on the loan in full. What should you do in such a situation?
Today, debtors who have loans from banks that are in bankruptcy have huge opportunities to preserve their property and their property on favorable terms.
The Ministry of Justice of Ukraine has approved amendments to the Regulation on the withdrawal of an insolvent bank from the market, according to which the restriction on the list of persons who can participate in auctions for the sale of rights of claim on loans has been lifted. Amendments to paragraph 5.11 of Chapter 5 of Section V of the Regulation on the withdrawal of an insolvent bank from the market (approved by the decision of the Executive Directorate of the Fund dated July 5, 2012 No. 2) were made in connection with the entry into force of the decision of the Executive Directorate of the Fund dated November 21, 2016 No. 2526 “On Amendments to the Regulation on the Withdrawal of an Insolvent Bank from the Market”.
According to this regulatory act, debtors have the opportunity to close all issues with the bank and finally not be indebted to either the bank, the state or anyone. Forget about many years of litigation, psychological pressure and financial burdens as a bad dream. Put an end to the black credit streak in your life with the possibility of buying out the loan with an 80% discount.
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How does the procedure for assigning rights to claim a loan in a bank that is being liquidated take place?
- Any bank that is in bankruptcy is managed by the Deposit Guarantee Fund for Individuals, on behalf of which an authorized person is appointed who carries out the liquidation procedure. According to the Rules of the Deposit Guarantee Fund for Individuals, all assets of the bank, including credit obligations, are sold through an auction by placing a lot on electronic platforms accredited by the ProZorro system (Russian: Проозро). Information about this asset is posted and is in the public domain, i.e. anyone can purchase it and become your creditor.
- At this stage, you can take the situation into your own hands and buy out your loan with a discount of up to 80%.
- Of course, the debtor and guarantor (property guarantor) personally cannot participate in the auction. In accordance with the regulations of the electronic trading system for organizing and holding open trades (auctions) for the sale of assets (property) of banks that are being liquidated, the following may participate in the auction: individuals with full legal capacity or legal entities, represented by an authorized representative who is a user of the ETS and meets the requirements established by the ETS Regulations and legislation, participants who have paid a security deposit, have completed the registration procedure for participation in electronic trading in accordance with the ETS Regulations.
Relevant articles:
– Registration of ownership of real estate
– How to conclude a real estate exchange agreement — instruction
– Purchase of an apartment in a new building by assignment of rights
– Real estate donation agreement – features
Algorithm for participation in a credit auction:
STEP 1.
Registration as a participant on the electronic platform (registration on the platform is free)
STEP 2.
Find the lot you are interested in and read the information published on the platform. Each lot contains information regarding the asset put up for sale. The asset passport contains all the information related to this loan: the date of the loan agreement, the term, the presence of collateral, the presence of guarantors, the amount of debt, the cost of the loan, etc. In addition to the information on the loan, the lot displays data on the auction date, the final date for submitting an offer, the initial cost of the lot, the size of the minimum step and the amount of the security deposit.
STEP 3.
Direct payment of the security deposit.
Each registered user of the ETS is provided with a personal account, where the user can receive an invoice for payment of the security deposit.
STEP 4.
Submission of the offer. After paying the security deposit, the participant submits his price offer.
ШАГ 5.
Signing the protocol and concluding the agreement on assignment of rights under the loan and mortgage agreements.
After a successful auction, the winner must sign the electronic auction protocol within 3 (three) working days. After the auction protocol is published in the ETS, the winner can make payment for the purchased lot. According to paragraph 7.29 of the ETS Regulations, the winner of the electronic auction is obliged to – conclude an agreement on the assignment of rights within 20 (twenty) working days from the day following the day of the formation of the electronic auction protocol.
If the winner fails to sign the auction protocol and the agreement on the assignment of rights, the auction is canceled and acquires the status “Auction did not take place”!
After concluding the above agreements, the issues with the loan in the enforcement service are closed and the encumbrances (forfeiture and mortgage) are removed in the electronic register of property rights at the notary, at the location of the collateral property.
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