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Kazachenok O.P. The Grounds and Procedure of Foreclosure on Residential Premises Which is Mortgaged

Olesya Pavlovna Kazachenok
Сandidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law,
Volgograd State University,
Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS)
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation


Abstract. The article is devoted to the grounds and procedural regulation of premises providing collateral. Features of foreclosure on real property are considered, taking into account the alternative possibility of providing virtually any obligation. The approaches of the legislator and the law enforcer to foreclosure in the living room, which is the subject of the mortgage, as well as exemptions from the general rules to the foreclosure of the living room, which is only suitable for permanent residence of a citizen of the debtor and his family members. Features of the foreclosure of the mortgaged premises are commented in view of possible judicial and non-judicial foreclosure on the mortgage. The author explores the ways and order of sale of the mortgaged property. Materials of Plenum of the Supreme Court and the Supreme Arbitration Court of the Russian Federation, dedicated to some issues related to the application of the first part of the Civil Code, including prohibiting any agreements providing for the transfer of the collateral in foreclosure, are studied. The research draws attention to the problem of housing recovery which is only suitable for accommodation mortgagor and the individuals living together with him, as well as the possibility of providing them with housing fund maneuverable.

Key words: mortgage, housing loans, pledge of the dwelling, ensuring repayment of the loan or the target loan, repossession of a dwelling, maneuvering housing fund.

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