Mitigation of risks concerning the mortgaged land plot separation

In the framework of Investment & Transactions practice, Interlegal quite often provides consulting services to foreign banks and investors regarding peculiarities of mortgage relationship and other security mechanisms provided by the Ukrainian law. While initiating and implementing investment projects, Banks usually engage Interlegal experts at the stage of inspecting potential security facilities, followed by full legal support of the Ukrainian part of the deal and closing relationship with property guarantors jointly with property release from encumbrance.

Property encumbrance often faces necessity in changes which also requires for legal expertize.

Interlegal regular client – large foreign bank filed a request to check potential risks of using the law mechanism aimed at separation of land plot previously mortgaged by the Bank.

Interlegal lawyers drafted a legal opinion which explained a step-by-step procedure and land plot separation terms. Special attention was drawn to the Mortgagee’s potential risks and their mitigation.

Based on consideration and analysis of the mortgaged land plot separation procedure, the Client obtained a step-by-step algorithm of control and defense of the Bank rights in order to prevent property unlawful release from mortgage.

Interlegal senior lawyer Karyna Gorovaya and junior lawyer Olena Pashkova led the case.