Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Cancellation of illegal registration
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.
 
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.
 
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.
Calculate the cost of services
1 question
Have other lawyers been involved in your case?
2 question
Do you have documents confirming the ownership of real estate?
3 question
Are you in the status of an applicant?
4 question
Are you in the status a defendant?
In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
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Read morecall back
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