Caselaw

Civil Case (Tel Aviv) 848-06-23 Yaffa Feldman v. Fresh Concept – Strategies for Original Thinking Ltd. - part 6

March 19, 2026
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Moreover, it should be noted that at the end of each appendix, the signature of the borrowers was approved by Adv. Winder, and in all of them a certificate was written in the wording as detailed in paragraph 10 of the judgment.  The aforesaid is with the exception of the appendices - dated March 11, 2018, in which the signatures were approved by Adv. Yaakov Melman; from November 11, 2018, in which the borrowers' signature was verified and the said certificate was written by Adv. Tal Metuk; and from January 13, 2019, when the borrowers' signature was verified by Attorney Sagi Dekel.

  1. In addition, on May 15, 2019 - after the mortgage to Bank Leumi and the removal of the lien in favor of that bank - a first mortgage deed was signed without limitation of the amount, by virtue of which Feldman and the plaintiff's rights in the real estate property - including the apartment - were registered as a mortgage without limitation of amount.
  2. Since the borrowers did not meet the repayments under the loan agreement and the appendices thereto, a debt arrangement was initially signed between the borrowers and the defendant on January 12, 2020 (see starting at page 128 of the statement of defense). This agreement was also signed by the plaintiff as a borrower 2.  As part of this agreement, it was agreed that the borrower would register the first lien on his full rights in Plot 241 in Block 6188, without derogating from other liens, which were registered on the plot in favor of the lender (clause 10 of the agreement).

The borrowers did not comply with this arrangement, and therefore, on June 25, 2020, an additional debt arrangement was signed (see starting at page 134 of the statement of defense).  This arrangement was also signed by the plaintiff as a loan 2.  I note that in the framework of this arrangement, it was determined, inter alia, that in the event that the borrowers do not meet their obligations under the agreement, the lender will realize apartment number 5 in the building (the apartment held by Goldberg).  It was further clarified in clause 11.3 of this agreement in bold letters that:

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