THE DEBTOR MAY REDUCE THE AMOUNT OF OWNERSHIP. IT WON'T AFFECT THE BAIL

The application was granted in full by the court of first instance, since, as the court indicated, the fact of the debt was confirmed, as well as the fact of the preservation of the pledge.

The appeal did not agree with this approach, canceling the definition regarding the establishment of the creditor's collateral status, since at the time of the court's consideration of the claim on the basis of the debtor's application and the court decision that entered into force, the record of the state registration of his ownership rights in respect of the apartment was terminated, since the debtor's right in respect of 1/2 of the share in the right of common equity was registered. ownership of the apartment.

The district court upheld the ruling of the first instance and noted the following:

"The Court of Appeal did not take into account that, unlike third parties, the debtor reliably knew about the pledge, being a party to the said contract. Evidence of termination of the pledge on legal grounds is not presented in the case file;

Subsequent to the encumbrance of the apartment with a pledge in favor of the company, the division of property and the change in the amount of the debtor's ownership of the apartment do not annul the rights of the mortgagee acquired under a contract that has passed state registration."