Cancellation of illegal registration

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Oleksandr Kolesnichenko

Head of real estate and construction practice

Construction and real estate specialist, civil engineer, specializes in land law, negotiations, and pre-trial dispute resolution.

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Cancellation of illegal registration

Cancellation of illegal registration

Author

Oleksandr Kolesnichenko

Cancellation of illegal registration of ownership of mortgage housing

Very often people are faced with a situation where the registrar / notary illegally transfer the property of individuals and legal entities to creditors. Each such action is subject to challenge in court in order to return the property.

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Let’s consider the possible options for resolving this issue. The most effective is still the court. Such actions are subject to criminal liability.

With the help of the court, it is possible to return the real estate claimed on the basis of mortgage agreements. Judicial practice concerning this issue states that such actions of notaries / registrars are illegal.

Since the very procedure for transferring ownership to another person is clearly spelled out in the legislation. Failure to comply with any of the requirements established by law is the result of illegal actions. If such actions are found illegal, the latter are canceled by a court decision and all property will return to the previous owner.

How does this procedure take place?

In order to change the owner of any property, the very first thing that needs to be done is to make changes to the State Register of Real Rights. From the moment of making changes to the register, the new owner is registered.

The basis for making changes in the register is the filing of an application with evidence of claims to a specific individual (debtor).

When the registrar receives the package of documents, it is his responsibility to check for the presence or absence of title to the housing that is being transferred.

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When filing a claim with a court, the following provisions must be met:

  • Mention of invalidation of the decision to register the change of ownership, which is currently illegal.
  • To ask to reclaim housing from illegal possession (if there was a secondary re-registration).
  • Also ask to return your title to real estate by making changes to the register.

In addition to filing a statement of claim, it is necessary to submit an application for the seizure of the property, so that the bank does not have the opportunity to sell the property without your consent.

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Have other lawyers been involved in your case?

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Do you have documents confirming the ownership of real estate?

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Are you in the status of an applicant?

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4 question

Are you in the status a defendant?

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Oleksandr Kolesnichenko
Head of real estate and construction practice

Construction and real estate specialist, civil engineer, specializes in land law, negotiations, and pre-trial dispute resolution.

Contact now
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