TOMASZ PRZYBECKI
20-04-2010

Reconciliation of the content of the land register with the actual legal status – disposal of real estate during foreclosure proceedings

The firm undertook the representation of the defendant’s client in a suit to reconcile the contents of the land and mortgage register with the real state of affairs on the basis of the Article 10 of the Land Records and Mortgage Law.

The extremely complex nature of the case makes it impossible to approximate it in summary form, but it can be generally stated that the dispute centers around the issue of the disposal of real estate during the course of enforcement proceedings of which the property is the subject. According to the firm’s lawyers, the plaintiff auctioneer has no standing

active in a lawsuit to reconcile the contents of the land register against the new buyer of the auctioned property. The case will be decided by the court. 8-06-2010 the case was successful at first instance – the Regional Court recognized the arguments presented by among other things, by the firm’s lawyers and dismissed the claim without examining the case on the merits, awarding the plaintiff’s legal costs.