Caselaw

Civil Case (Tel Aviv) 848-06-23 Yaffa Feldman v. Fresh Concept – Strategies for Original Thinking Ltd. - part 4

March 19, 2026
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The mortgagee and/or guarantor declare that they are aware that in the cases detailed above, the mortgagee and/or guarantor and anyone who lives with them in the mortgaged properties will not be entitled to the aforementioned protections and will not be able to continue to hold the mortgaged properties, and they will be obligated to vacate the mortgaged properties immediately and hand them over to the interpreter or anyone on his behalf when the mortgaged properties are vacant.

The mortgagee and/or the guarantor hereby expressly and irrevocably waive any protection whatsoever under section 38 of the Writ of Execution Law, 5727-1968, which states, inter alia, that the Head of the Writ of Execution is entitled to order the sale of the mortgaged assets and the evacuation of the mortgage and/or the guarantor and their family members living with them from the mortgaged properties, provided that it has been proven to the satisfaction of the Head of the Writ of Execution first.  That the mortgage and/or guarantor and their family members living with them have a reasonable place of residence or that a temporary arrangement has been made available to them, whether by providing another apartment or by paying compensation or in some other way.

The mortgagee and/or guarantor declares that it is aware that in the cases detailed above, the mortgagee and/or the guarantor and their family members living with them will not be entitled to the aforementioned protections and will not be able to continue to hold the mortgaged properties and they will immediately evacuate the mortgaged assets and hand them over to the interpreter and/or anyone on his behalf, without imposing any liability and/or liability on the landlord and/or anyone on his behalf.  including in connection with finding a reasonable and/or alternative place of residence, and/or payment of compensation or any other alternative arrangement, as stated above." [Emphasis in the original L.B.]

For the sake of completeness, I will note that in this section, the mortgages also add and waive protections under section 39 of the Execution Law and according to section 86A of the Bankruptcy Ordinance (New Version), 5740-1980.

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