Judicial value examination as a tool for resolving a dispute about the value of the original value of the pledged property

Abstract

Judicial value examination as a tool for resolving a dispute about the value of the original value of the pledged property

Timoshenko M. S., Kumskova E. S., Kuzheleva A. V., Kuzhelev A. S., Sladkova A. I.

Incoming article date: 31.10.2019

To date, the socio-economic situation in the country creates for the population quite significant obstacles in the implementation of tasks for the purchase of housing and other real estate through mortgage lending. However, when it comes to collecting the amounts owed on the loan, banks are faced with an analysis of the prospects for the sale of mortgaged property, as a result of which, in most cases, come to the conclusion that the original sale price of the mortgaged property with the realities of the market. In the article, the authors consider the judicial practice of determining the initial price of the mortgaged property and analyze the situation in which there is a need for judicial value examination, as well as give the main aspects of the methodology of this type of expertise. The purpose of the article is to form a clear idea of the reader about the process of resolving the dispute arising from the breach of obligations under the loan agreement.

Keywords: expert, forensic examination, subject of pledge, cost examination, assessment report, methodology