The legal status of the new creditor arises from the moment of concluding the assignment agreement and registering the corresponding rights — Supreme Court
The failure of the new creditor to attach a copy of the assignment agreement to the notice of violation elimination (Article 35 of the Law of Ukraine "On Mortgage") does not indicate a significant defect of such notice or creditor's delay within the meaning of Article 613 of the Civil Code of Ukraine. This was stated by the Eastern Commercial Court of Appeal.
By the ruling dated 09.02.2026, the Eastern Commercial Court of Appeal canceled the decision of the Commercial Court of Kharkiv Region dated 19.11.2025 in case No. 922/3076/25, which satisfied the claim to cancel the decision on state registration of rights and encumbrances, and dismissed the claim.
The appellate court reasoned that at the time the defendant acquired the right of claim (status of the new creditor), the borrower had already defaulted on the credit obligation within the meaning of part one of Article 612 of the Civil Code of Ukraine, which prevents the overdue obligation from subsequently acquiring the status of a non-overdue obligation under part four of the same provision without changing its terms regarding deadlines; the case materials do not show evidence that the third party-1 or the plaintiff attempted to offer performance of the primary (credit) obligation in favor of the original or new creditor, or that they obstructed acceptance of such performance, which makes the application of Article 613 of the Civil Code of Ukraine unjustified; according to Articles 517 and 527 of the Civil Code of Ukraine, the establishment of the creditor's identity by the debtor occurs precisely at the stage of acceptance of performance by such creditor; the requirement to send a notice to the property guarantor under part one of Article 35 of the Law "On Mortgage" is not related to the necessity of sending the assignment agreement together with such notice.
The Supreme Court, in a panel of judges of the Commercial Cassation Court by the ruling dated 03.06.2026, supported the position of the appellate court and formulated the following conclusion:
- the provisions of part two of Article 517 of the Civil Code of Ukraine cannot be used by the debtor or property guarantor (mortgagor) as an unconditional basis to evade performance of an already overdue monetary obligation and to ignore the demand of the mortgagee sent under Article 35 of the Law "On Mortgage";
- the failure of the new creditor to attach a copy of the assignment agreement to the notice of violation elimination (Article 35 of the Law "On Mortgage") does not indicate a significant defect of such notice, does not indicate creditor's delay within the meaning of Article 613 of the Civil Code of Ukraine, and does not negate the creditor's right to extrajudicial foreclosure on the mortgage object if the mortgage right of the new creditor was registered in the State Register of Property Rights to Real Estate;
- the passive behavior of the debtor (mortgagor), which consists in completely ignoring the demand of the new creditor without taking countermeasures to verify the creditor's status (in particular, by requesting under Article 527 of the Civil Code of Ukraine or checking open registers), contradicts the principle of good faith.
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