Restructuring of foreign currency mortgage

As before, the dispute between borrowers and banking institutions continues in Ukraine. The vast majority of cases are related to mortgage loans that were issued in foreign currency. Economic crises, the unstable situation in Ukraine, associated with a full-scale war, worsened the overall picture. The settlement of this issue is extremely important for both banks and borrowers. The solution may be the restructuring of the foreign currency mortgage. If you have a foreign currency mortgage that you are unable to pay at this time, the lawyers of our PRIKHODKO & PARTNERS company will help you with this.

Legislative framework for restructuring foreign currency mortgage

In April 2021, amendments were made to Laws of Ukraine No. 1381-IX, No. 1382-IX and No. 1383-IX. The main goal is to protect the interests of borrowers who received loans in foreign currency for the purchase of real estate (foreign currency mortgage) and for one reason or another could not repay them on time and/or did not make mandatory payments on these loans.

Foreign currency mortgages have already managed to cause significant losses to banking structures: due to the long-term effect of the moratorium and the lack of motivation among borrowers to restructure/service foreign currency mortgages, such loans have filled the category of “non-performing”. Banks had to cover them with so-called “reserves” to direct funds to capital for issuing new mortgage lending.

Peculiarities of the foreign currency mortgage restructuring procedure

In accordance with the terms of the current Code on Bankruptcy Procedures, the mechanism for restructuring mortgage loans is carried out as follows: the bankruptcy procedure of an individual is applied or a settlement agreement is concluded on the terms defined by law. The amount of the new debt is calculated based on the current value of housing on the market. In this situation, it is very important to keep a balance between the parties during restructuring. This is monitored by the court as an independent arbiter between the creditor and the borrower.

This approach provides an opportunity to carry out debt restructuring on the most balanced and fair terms.

PRIKHODKO & PARTNERS lawyers will help you choose the most appropriate option for restructuring a foreign currency mortgage. we are a team of real professionals who deal with bad debt and lending cases every day. Also, a very useful service that we offer is consulting at the stage of concluding a mortgage agreement with banking structures. This will avoid many problems. For example, you will not need to cover bank penalties for early mortgage repayment.

We carry out:

• Consulting clients in online and offline modes.
• Expertise of mortgage documents (mortgage and credit agreement) for compliance with current Ukrainian legislation.
• Representation of the client’s interests in the court proceedings.

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