The Russian Supreme Court: reconstruction of a pledged property does not terminate the mortgage
The Claimant sought to recover 1,18 billion rubles from the borrower and foreclose on a gas station. The lower courts refused, citing the destruction of the collateral: the original structure had ceased to exist, and a new refueling complex had been built in its place.
The Russian Supreme Court disagreed, stating that reconstruction or reprocessing of pledged property does not terminate the mortgage – the new property also remains under the mortgage. The courts had erroneously treated reconstruction as destruction of the asset.
The claim for foreclosure was granted.