"In addition, the residential apartment of borrowers 1 and 2 is mortgaged and the aforesaid in this addendum does not detract from the virtue of the lien and/or the lender's possibilities to repay the residential apartment of borrowers 1 and 2 and/or any other collateral, and the provisions of this chapter come only to facilitate the parties and prevent unnecessary proceedings that will cause many additional expenses to the borrower's individuals."
The borrowers also did not comply with the aforementioned debt arrangement, and therefore, on March 1, 2021, another debt arrangement was signed. It should be noted that this debt arrangement was defined as an appendix to the loan agreement dated April 23, 2017 - it was attached as of page 89 to the statement of claim - it appears as borrowers of all the parties as detailed above, but it does not appear with the plaintiff's signature, but only the signatures of the defendant, Feldman and the companies.
- The plaintiff does not dispute that prior to the signing of the loan agreement and each of its appendices, a disclosure form was prepared by the defendant in the loan contract (see, for example, a form starting on page 83 of the statement of claim) - in which the details of the lender, the details of the borrower, the details of the loan - including its amount, period, repayment terms, details of the liens - including the details of the apartment that is the subject of the hearing; The details of the interest and the like - these forms were also signed at the bottom of the page by each of the parties - including the plaintiff as "Borrower 2".
- With regard to the payments made by the defendant, the defendant presented (as Appendix 5 to the defendant's affidavit) documents - which were not concealed - from which it appears that following the signing of the loan agreement and its appendices, it transferred funds as follows:
On May 3, 2017, the defendant prepared a bank check in the sum of ILS 865,000 for the order of Bank Leumi Le-Israel Ltd. According to the defendant, even though such a check was prepared by her, she was asked by Feldman to transfer this sum - intended to cover the mortgage to Bank Leumi and the sum of ILS 200,000 in addition - to the couple's bank account, while Feldman undertook to use the money transferred to cover the mortgage. According to the defendant - which was not denied - therefore on May 4, 2017, she transferred the sum of ILS 1,065,000 to an account in the name of the plaintiff and her husband at Bank Hapoalim. There is no dispute that the plaintiff and her husband used ILS 865,000 of this sum to cover and remove the mortgage to Bank Leumi, and in light of this, her registration was even deleted from the land registry.