… … TO THE EXECUTIVE LAW COURT JUDGE
FILE NUMBER :
THE COMPLAINANT :
ADDRESS :
ATTORNEY :
ADDRESS :
LENDER :
ADDRESS :
ATTORNEY :
ADDRESS :
SUBJECT : Acceptance of our complaint …. … According to the dated article of the Executive Directorate /…/… the subject of the transaction consists in our request to remove or correct it.
INSTRUCTIONS
1-) As a result of our illogical follow-up about the debtor, the payment order was notified to the debtor on the date of /…/…, we requested a foreclosure within one year and the land registry of the real estate belonging to the debtor was foreclosed on.
2-) Due to the fact that we did not ask for a sale at the time prescribed by law, the foreclosure was lifted on the date of /…/…, upon our application to the Enforcement Directorate requesting the re-implementation of the foreclosure, we were informed that we should notify the borrower of the renewal and deposit the renewal fee.
3-) 78 of the Enforcement and Bankruptcy Law No. 2004. “After the time period in the payment order has elapsed and the borrower has objected, the creditor may request that the foreclosure be made without waiting for the declaration of the goods after the objection has been rejected. The right to request a lien is reduced by one year from the date of notification of the payment order. In case of appeal or lawsuit, the time elapsed from their occurrence to the termination of the provision or in case of making installment agreements with the creditor at the debtor’s enforcement agency until the violation of the installment agreement is not taken into account. If the creditor wishes, he is given a certificate of the occurrence of the foreclosure request. This occasion is not subject to any fees and pictures. If the foreclosure request is not made within the legal period or is not renewed within this period after it has been withdrawn, the file will be removed from the treatment. Requesting a re-foreclosure is subject to notification of the renewal request received by the creditor to the debtor. In case of non-announcement follow-ups, re-fees are charged upon request for renewal. Renewal costs and fees are not estimated to the borrower.” according to its provision, it has stipulated the renewal fee in terms of follow-ups without an ad, and no provision has been made that renewal fees should be charged for follow-up based on the ad.
4-) On the grounds described above, this complaint was required to be filed in order to correct the subject matter transaction in the dated article of the Executive Directorate.
LEGAL REASONS : 2004 P. K. m. 4, 16, 78 ; 6100 P. K. m. 1, 5, 6.
LEGAL EVIDENCE : Expert review, …. … Of the Executive Directorate …./…. E. File number one.
CONCLUSION AND REQUEST : For the reasons described above, we request that a decision be made to accept our complaint about the decision of the Enforcement Directorate to charge a renewal fee that it has made against the law, to cancel or correct the transaction. …/…/…
The Deputy of the Complainant
