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. 

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