Blog

Andrei Targashov's commentary on the "mortgage donor" case for the OTS TV channel

Mass media
On February 11, 2026, the Dzerzhinsky District Court of Novosibirsk issued a decision to evict S.V. Shcherbakov based on a claim filed by I.S. Abyshev. Enforcement of this court decision was deferred until June 1, 2026.

In March 2019, the parties agreed that I.S. Abyshev would act as the person taking out the mortgage loan for the purpose of acquiring the residential property (nominal owner), and S.V. Shcherbakov (the recipient) would repay the mortgage loan in full according to the payment schedule.

NB After S.V. Shcherbakov received the mortgage decision, the residential property was to be re-registered under a purchase and sale agreement from I.S. Abyshev to S.V. Shcherbakov.

In August 2019, I.S. Abyshev is repaying the mortgage loan in full, while S.V. Shcherbakov is making payments with interest, not to the lending bank, but to I.S. Abyshev for the purchase of the residential property.

I.S. Abyshev moved S.V. Shcherbakov into the residential property (apartment), with the intention of subsequently transferring it to S.V. Shcherbakov, who will bear all maintenance costs.

In April 2021, S.V. Shcherbakov was approved for a mortgage loan, but I.S. Abyshev refuses to transfer the residential property to S.V. Shcherbakov. The parties have not yet concluded a purchase and sale agreement for the residential property.

Targashov Group lawyers are currently working to initiate criminal proceedings against the defendant under Part 4 of Article 159 of the Russian Criminal Code.

A report on this story on the "Emergency Call" program on the OTC channel is available at the link (7:21).