PPE 3/2022
Pozostawienie należności przypadającej wierzycielowi hipotecznemu na rachunku depozytowym – zagadnienia praktyczne
Michał Mikołajczak
radca prawny
Dowiedz się więcejABSTRACT
Keeping Receivables Due to a Mortgagee on a Deposit Account – Practical Aspects
The article presents problems related to keeping a receivable due to a mortgagee on a deposit account of the Minister of Finance. Based on examples from enforcement practice, the author points out difficulties involved in the proper determination of the value of a liability secured with mortgage, which is to be included in a distribution plan of sums recovered from enforcement against real estate.
Issues concerning a type of enforcement title have been described in particular, which entitle a creditor to receive funds deposited on an account of the Minister of Finance. Due to the concision of statutory regulations, the author pays also much attention to problems in interpretation relating to the determination of regulations that apply to a deposit, rules of its reception and liquidation. The article indicates possible procedures for transferring to the deposit of the Minister of Finance of amounts that correspond to liabilities that have already expired.
In the final part, effects have been presented of submitting receivables that are due to a mortgagee to the deposit of the Minister of Finance, including but not limited to negative consequences that result from the lack of redemption of liability for which funds have been paid to the deposit.
Keywords: enforcement, real estate, liability, mortgage, deposit