In 2013, citizen Oliynyk received a loan mortgaged by the apartment in which he registered his place of residence and of his wife. He did not repay the loan
in full. In 2014, the bank went to court and received a decision to sell the apartment at
a public auction to repay the loan, despite the fact that the couple has a minor child
born in 2014. However, the bank refused to initiate enforcement proceedings to sell
the subject of the mortgage, alienating the debt to the factoring company.
The factoring company registered the ownership of the mortgage with a
notary, referring to Art. 37 of the Law " On Mortgage" Later, the factoring company
sold the apartment to citizen Ostapchuk, the alienation agreement was declared
invalid by the court because it violated the right of a minor child to use an apartment and
Article 37 of the Law of Ukraine " On Mortgage" as the mortgage agreement did not
provide for ownership of the mortgage mortgagee without litigation.
After that, a moratorium on the forced sale of the subject of the mortgage,
which is the only place of residence of an individual and his family, came into force.
Later, in 2019, citizen Oliynyk filed an application to initiate proceedings to
declare him bankrupt and restructure his debts.
Solve the case.
Has the legislation been violated, by who has it been violated, and what are
the legal consequences of invalidating the said contract of sale?
Will flat be included in the liquidation estate?
What are the rights of minors to apartments in this case?
Does it matter whether the citizen Oliynyk has the status of an entrepreneur?
