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Prva banka: After years of extrajudicial collection attempts, we are forced to initiate compulsory collection

What is inevitable to note is that all buyers of residential units, from the moment the residential building is registered in the real estate cadastre, are aware that the mortgage is registered in favor of the bank, and that there is a potential risk that the investor "Color Prom Company" from whom they purchased the residential units does not repay the debt to the bank, which implies that Prva has all legal rights to collect its claim from all mortgaged residential units in that residential building, as well as from the land on which the building is built.

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First bank, Photo: Biljana Matijašević
First bank, Photo: Biljana Matijašević
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

After years of trying to collect its claim from the debtor "Color Prom Company" out of court, Prva Banka was forced to take the last resort, initiating a forced collection procedure based on a mortgage enforcement document. This procedure initiated enforcement on all objects and means of enforcement of the debtor.

This was officially announced to "Vijesti" by Prva Banka, which explained that it initiated the aforementioned procedure with a proposal for enforcement, accompanied by evidence of the existence of the right to settle the monetary claim, on the basis of which the acting Public Bailiff issued a Decision on Enforcement.

"In addition to other means of enforcement determined by the Enforcement Decision I.no. 1206/2025, the enforcement is also carried out on real estate registered in the real estate register LN 4441 KO Podgorica I, LN 1168 KO Podgorica I and LN 1169 KO Podgorica I, on which the Bank established a mortgage in 2008," said Prva Banka.

Tenants of a building at the end of Vukašina Markovića Street in Podgorica gathered this morning in protest because Prva Banka, from which the company "Colorprom" took out a loan and mortgaged their apartments, hired a bailiff with the intention of collecting claims against the investor.

"At the time of approval and conclusion of the loan arrangement, there were absolutely no obstacles, so the Bank, together with the loan beneficiary and the mortgage debtor, and now the enforcement debtor 'Color Prom Company', immediately established a mortgage on the land, which was registered in the ownership of the loan beneficiary or the mortgage debtor without encumbrance or restrictions, for the purpose of security. Also, the Bank, as the sole mortgage creditor, could not have been aware of any other legal transactions of the loan beneficiary with third parties, including the sale of future real estate. The Bank, as the mortgage creditor, did not issue any consent for the alienation of real estate. What is inevitable is to note that all buyers of residential units, from the moment of registration of the residential building in the real estate cadastre, are aware that the mortgage is registered in favor of Prva Banka, and that there is a potential risk that the investor from whom they purchased the residential units does not repay the debt to Prva Banka, which implies that the Bank has all legal rights to collect its claim from all mortgaged residential units in that residential building, as well as from the land on which the building was built," Prva Banka pointed out. banks.

Prva Banka, as they stated, is recognized as a bank that fosters a caring relationship with clients and has always had a particularly strong understanding towards real estate buyers from investors who have not behaved correctly in the process.

"Driven by the desire to find the best solution for the buyers this time, before the Public Bailiff went to the field, it initiated the resolution of this issue with the representatives of the tenants of the residential building in question, who met with its representatives at the Bank's premises, informed them of the total claim, the initiated enforcement procedure, the procedural activities that the Public Bailiff is obliged to undertake, and also gave the tenants the opportunity to propose a solution to this issue and the settlement of the Bank's undisputed claim. On that occasion, Prva Banka also expressed understanding for the social aspect of the position in which the said buyers are and its readiness to find the optimal solution for the tenants who are in the apartments over which the bank has established a mortgage, all as an expression of goodwill and readiness to compromise. The Bank believes that only through joint efforts of the bank and the buyers can we try to replace the irresponsible and frivolous attitude of investors towards buyers who are most often solving their existential issues, but also the debt towards us as a credit institution, which has been a fair partner since the beginning of the credit relationship," said Prva Banka.

They explained that the assessment of the value of these properties is a step in the enforcement procedure, about which the tenants were informed by the acting enforcement agent, all with the aim of better negotiating position of the tenants, with the emphasis that it does not represent an obstacle to further negotiations.

"We emphasize that Prva Banka CG is always open to discussions and has expressed great willingness to resolve the problem faced by the tenants peacefully and to the benefit of both negotiating parties," Prva Banka said.

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