CASE LAW NO.43/2021/AL REGARDING THE VALIDITY OF THE MORTGAGE CONTRACT IN CASE THE COLLATERAL IS REA

Case law situation:

The contract on transferring the ownership of houses and residential land use rights was notarized. The transferee was granted the certificate of ownership of houses and the residential land use rights by the competent authority but only paid a part of the money. The parties did not hand over the house. This real estate was mortgaged to the Bank by the transferee and registered the mortgage under the law provisions. The transferor knew and agreed to let the transferee mortgage this real estate but then requested to cancel the contract on transferring the ownership of houses and residential land use rights.

Legal solution:

In this case, it was necessary to determine that the mortgage contract came into legal effect. The requests of canceling the deal on the transfer of ownership of houses and residential land use rights should not be accepted.

Link for download: CASE LAW NO.43/2021/AL REGARDING THE VALIDITY OF THE MORTGAGE CONTRACT IN CASE THE COLLATERAL IS REAL ESTATES WHERE THE MORTGAGEE HAS BEEN TRANSFERRED BUT HAS NOT YET PAID THE TRANSFEROR IN FULL

Link on Youtube: CASE LAW NO.43/2021/AL REGARDING THE VALIDITY OF THE MORTGAGE CONTRACT IN CASE THE COLLATERAL IS REAL ESTATES WHERE THE MORTGAGEE HAS BEEN TRANSFERRED BUT HAS NOT YET PAID THE TRANSFEROR IN FULL

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