How to remove a seizure from an apartment after a court decision. Features and risks of buying a seized apartment at auction and from a bank

Sometimes situations arise when property is seized. This means that the owner does not have the right to fully exercise his rights to real estate and dispose of it, namely:

present;
bequeath;
sell;
exchange.

Thus, arrest means the inability to carry out any transactions with property. The court, bailiffs, investigative bodies, and the tax service have the right to impose an arrest.

In the event that property is seized, the owner must ensure its safety. You can take ownership and dispose of real estate again when the seizure is lifted. When a person is not one hundred percent owner of real estate, and the right extends only to part of the property, then arrest is imposed only on his share.

When an apartment is seized

The main reason for the seizure of property is the debts of the owner of the property or one of the residents. Typically, such debts are debts owed to banks for mortgage, tax debts. In addition, the court may seize real estate if property disputes arise, or if there are claims for compensation for damage, claims for division of property. The reason for imposing restrictions may also be debt on utility bills.

According to Article 139, there are no clearly defined grounds for seizure of property. The article states that a seizure is imposed on property in the case where, without such an action, the court decision is dissatisfied or the owner of the property creates restrictions on the implementation of the court decision. That is why the seizure of property is a very common measure to secure a court decision, for which there are no specific grounds.

Who seizes real estate

The process of seizing property is extremely simple. You can only file a petition for seizure in court. The petition can be submitted together with the statement of claim, or separately without it. According to the norms, such a petition is required to be considered on the day it is submitted.

A lien on real estate is imposed in the presence of a court decision. Banks and credit organizations alone do not have the right to seize. Typically, borrowers who cannot pay their mortgage payments go to the bank with a request to defer payments. In most cases, banks are cooperative, but they play it safe themselves and file an application with the court to seize the apartment. Thus, they ensure that the loan is repaid. The court does not always impose a seizure on the initiative of the bank. When the court considers the balance of the loan debt to be insignificant, the arrest will not be imposed. In addition, seizure may be imposed by tax authorities and customs.

As a rule, the issue of arrest becomes relevant in the case of the sale or purchase of real estate.

In order to determine whether there is a lien on the apartment, you need to ask the owner of the property or order yourself an extract from the Unified State Register.

This is a property document that reflects the encumbrances and restrictions on the property. Special attention should be noted on the date of receipt of the certificate: the certificate is received on the day of the transaction. If the certificate was taken earlier, there is a risk that during this time registration actions could have taken place with the apartment and a seizure was imposed.

Restrictions on property during arrest

During the arrest, the homeowner does not have the right to completely dispose of the property. The owner has the right to live there. The owner cannot sell the apartment, donate it, bequeath it, or exchange it. Any transaction is not subject to registration if the property is seized.

How to remove the arrest from an apartment

The same body that applied for its imposition can cancel the seizure of the apartment. The process of lifting the arrest is carried out at the request of the defendant, another interested party, or at the request of the court.

First, you need to clarify the reason for the arrest. For example, if the seizure is imposed due to late payments on the mortgage, the seizure will be lifted after the borrower begins making loan payments again. This information is reflected in the claim that the bank files in court.

If the reason for the seizure is tax debts, the seizure is lifted after all debts have been paid. If a homeowner has tax debts, he must eliminate them, pay fines, and debts to third parties.

The process of lifting the arrest begins after the owner submits an application to executive bodies about lifting the arrest.

Only the homeowner himself can file such an application with the court.

The second stage of lifting the arrest: payment of the state duty. It is paid by the owner of the seized property, because he has to prove ownership of the property. The owner provides everything to the court Required documents, confirming that he is the owner of the property. Such documents are the certificate of ownership and the basis as a result of which he became the owner. The property owner also provides documents confirming payment of debts, taxes, and fines.

The court will set a date for a hearing where the case will be considered. After the case is considered, the court’s decision to cancel the arrest is announced. The decision of the authorities can be appealed when the participants consider it unreasonable. After the verdict is passed, a writ of execution is issued, which is subsequently transferred to the executive authorities.

If the court decides to lift the arrest, a writ of execution is drawn up based on its decision. It is already sent to the bailiff accordingly. The arrest is considered extinguished from the time when the court decision comes into force.

If an arrest was imposed during the execution of a criminal trial, the arrest is lifted only after all investigative activities termination of the case. If the case is brought to court, then it will decide whether to lift the arrest or execute the sentence.

It is important to remember that after completing all measures to lift the seizure, you need to prepare an application to lift the seizure from the property to the court or other executive authorities.

Often, during lengthy processes, a lien may remain on the property, although there are no longer reasons.

If the court has not lifted the seizure of the property, There is no point in filing an application in other courts. Such a decision usually means that the owner did not satisfy the requirements or repay the debt.

If a person does not have the means to pay debts, the property legally owned by him will be sold within 2 months. There are special auctions for the sale of such property.

There are situations when debts are paid, but the arrest is not lifted. This happens due to the loss of one of the documents or the negligence of employees.

Registration of a court decision to lift the arrest

To lift the seizure of property based on a court decision, one decision is not enough. This decision must be registered.

Documents required for registering a court decision to lift the arrest:

Court decision to lift the arrest (certified by the judge).
Home owner's passport.

These documents must be presented to the relevant authorities who will remove the seizure from the property.

Nuances

A lien is not imposed on real estate in the case where it turns out to be the owner’s only home. The exception is an apartment purchased using mortgage funds. This information is reflected in the terms and conditions signed with credit institution By signing it, the borrower agrees to this condition.

There are also certain subtleties when seizing the property of spouses. For example, during a marriage, real estate was acquired in common ownership. In this case, the property is not seized, because it belongs to both spouses, and the debt is registered only on one.

Also, property is not seized when the amount of the claim does not exceed the value of the property.

They have the right to seize real estate owned by third parties when it is recognized that the property was the subject of criminal acts, it was used in the form of a crime weapon.

They also do not place arrest on land, where the buildings are located, which are the only possible housing for the debtor.

Property that the debtor needs for professional activities cannot be subject to seizure.

The financial situation of many citizens is difficult. Not everyone pays their bills on time. Some people take out bank loans to solve their money problems. And this often only makes their situation worse. Seizure on an apartment is a measure that allows you to guarantee the repayment of the debt incurred by the owner of the property. Usually this method of influence is more effective than all others. It is applied for a period specified by law, which is usually several months. If upon expiration the debt is not paid, then the apartment is put up for auction for its sale.

What is a property seizure?

Seizure of real estate means the imposition of restrictions on actions taken with housing. This procedure is carried out to ensure that the owner of the living space does not change or the share of ownership is not reduced, owned by the owner apartments.

When arrested, the following actions are prohibited:

sell real estate;
arrange a lease for residential space;
make an exchange or exchange of an apartment;
transfer housing by will;
draw up a deed of gift for living space;
register an apartment as collateral.

It is important to note that the owner of the apartment does not have the right to perform all of the above actions, but he has every right to continue to live in the seized area.

What could be the basis

Seizure of residential real estate is carried out only by order issued by one of the judicial or government authorities. The basis for applying such a measure is the existing debt of the apartment owner. When imposing sanctions on real estate, it does not matter to whom exactly the owner of the property owes money. It can be:

government agency Usually, if there is a debt for utilities or failure to make tax payments, a court order is issued to seize the apartment;
credit institution. The bank can seize real estate through the court for late payments on various loan obligations;
individual. If significant damage is caused to the owner of a neighboring apartment or if a huge child support debt accumulates, the court has the right to impose a restriction on the apartment. To carry out such a procedure, a statement of claim or petition must be filed to restrict actions with the debtor's real estate from the person who needs to return the amount.

In practice, residential real estate is actually seized and sold for debts only when there is a debt on mortgage lending.

If the owner of the property, in addition to the debtor, is his wife, the entire apartment as a whole is still seized. The wife's share can be removed from the limitation after determining and allocating this share by legal means.

If a ban is imposed on other grounds, the owner can protest the imposed restriction and have it removed

Who has the right to seize an apartment?

The following organizations have the right to seize residential real estate:

government bodies: tax service or customs;
bailiffs.

When conducting an investigation in criminal cases, a ban on the disposal of any property, including real estate, is also applied. The initiator of such a measure is usually the prosecutor's office.

If property is seized by the investigative bodies as part of a criminal investigation, then removal of the encumbrance is possible only if the need for such a measure of security has ceased

The restriction is usually imposed in 2 cases:

If the court ruling directly states the imposition of restrictions on residential real estate.
When executing a decree on debt collection by a bailiff and the debtor’s evasion of payment determined by the court sums of money a coercive measure is applied - seizure of residential premises.

How is the procedure performed?

The arrest procedure is carried out according to the standard procedure:

On initial stage either a statement of claim or a petition is filed from the injured party to impose a restriction on the property. The appeal is sent to the court at the place of residence of the defendant, that is, the debtor. The application requires confirmation of the validity of the claim being put forward. It is necessary to provide evidence that the owner of the apartment intends to carry out illegal actions with his property.
The court makes a decision within one day. The order is sent to the bailiff service.
The bailiff sends a notice of the commencement of enforcement proceedings to the debtor in the form of a registered letter.
The defendant is given a period of 10 days during which he can pay all his debts. During this time, no action is taken by the bailiffs.
If no measures have been taken by the debtor, then forced collection of the debt begins. The property is assessed by experts. A restriction is imposed on it, which is recorded in the Unified State Register within 3 days from the date of the decision to restrict actions with real estate. This measure is of an interim nature; an inventory of all property located in the seized residential premises is also taken.
After the allotted two-month period, the apartment is put up for auction. After the sale of real estate, the proceeds go to cover debts. If there is a remainder from the sale, it is transferred to the former owner apartments. After this, the enforcement proceedings are closed.

In order to avoid undervaluation of assets, the debtor is recommended to insist on conducting an appraisal examination only by specialized and licensed companies.

When you can’t seize an apartment

It is impossible to seize real estate only in 2 cases:

If the amount of debt is insignificant in relation to the cost of housing. For example, if a debt for housing and communal services accumulates in the amount of 200 thousand rubles, the court will not apply such an extreme measure.
If this apartment is the only place for its owner to live (the restriction will only imply a ban on registration actions). In this case there are exceptions:

if a bank pledge is issued on the only residence, the court may seize such premises to ensure repayment of the loan;
if the reason for the restriction is not the further sale of the apartment, but an incentive to pay the debt.

After receiving a court ruling on seizure or a bailiff's order banning registration actions, the FRS official enters data about the ban imposed into the database and notifies the owner about it no later than the next day.

How to find out if there is a restriction on residential premises

When performing any actions with residential real estate, the question may arise: how to find out whether an apartment has been seized or not. There are several ways to obtain information for this:

Providing an extract from the Unified State Register. This document is issued upon application:
- to the MFC with an application and the applicant’s passport;
- on the Rosreestr website. Online, the full address of the apartment or its cadastral number is issued brief information, in which in the “Rights and Restrictions” section there will be an entry “Prohibition of entering into transactions.”
In the FSSP ( federal Service bailiffs):
- the request can be submitted in person when contacting the bailiff service. To do this, it is enough to have a passport with you and have basic information about the object. You will need to know the exact address or full name of the apartment owner;
- You can create a request on the official website of the FSSP (http://fssprus.ru/iss). If the owner of the apartment has debts, by entering his last name, first name, patronymic and date of birth in certain fields of the request, information will be provided on all cases related to this citizen. If he has a debt, then there is a threat that at any moment a restriction may be imposed on this person’s apartment.

These requests are provided free of charge to any person interested in such information.

How to remove a lien from real estate

To lift the seizure of residential real estate, it is necessary to eliminate the reason why the restriction on the disposal of the apartment was established:

if the basis was debts, then all amounts owed must be paid;
if the restriction was organized by a court order, then all controversial issues should be resolved with the person who filed the claim.

The removal of an encumbrance from real estate is carried out by the same body that imposed it. For example, if an apartment was seized by the tax service for failure to pay due payments and fees, then only tax officials can remove such encumbrance after receiving the entire amount of the debt.

If the defendant has not complied with the court decision, the seized apartment may be sold at auction (as a rule, this applies to mortgaged apartments).

What documents are needed

To remove a restriction from an apartment that was applied in the form of a seizure, you will need to submit the following documents to the owner of the seized premises:

passport of the apartment owner;
receipt or payment order about payment of debt;
a document confirming the removal of the encumbrance, which depends on which body issued the order for restrictions on actions taken with the apartment for debts:
- when considering a case in court, a determination of this authority is required;
- when making a decision government organization(tax or customs services) it is necessary to provide a resolution from this service to terminate the case;
- When carrying out activities, the bailiff service will require a document confirming the termination of enforcement proceedings.

After receiving the writ of execution, you need to contact the bailiffs, who will issue a decision and send it to Rosreestr

Procedure for lifting arrest

The lifting of the arrest can be carried out either in pre-trial procedure, and when going to court.

The procedure for pre-trial resolution of the issue of removing the encumbrance from an apartment:

Repayment of all debts due to which the apartment was encumbered.
An application is drawn up to the territorial department of bailiffs with a request to lift the seizure of residential real estate. The application must be accompanied by payment receipts and documents proving payment of the debt.
Within three days, the information is transferred to Rosreestr, where the entry restricting the use of the apartment is canceled. The owner of the property can independently provide an order to remove the restriction and to change the entry in cadastral passport real estate. Re-registration of an entry in Rosreestr is carried out within 5 days from the date of receipt of the relevant order.

Most often, the removal of the seizure of real estate is carried out at the request of the defendant by the court that imposed the seizure.

Removing seizure from an apartment when going to court:

Seizing an apartment is a problem for its owner. It can only be resolved after all existing debts have been repaid. You must apply for the removal of the encumbrance to the same authority from which the decision to arrest was received.

When purchasing any real estate, a potential buyer must first inquire about possible restrictions on housing. You can obtain such information online on the official website of Rosreestr, on the FSSP website, or by personally submitting an application to the MFC.

If citizens have debt, various measures and sanctions are applied to them. One of the options for restrictions is a seizure of real estate; it allows you to influence debtors and force them to pay off their obligations.

In what cases is it possible to seize housing, how to find out about the ban and what are the ways to cancel the sanction?

What is an apartment under arrest

The concept of seizure of an apartment is that a ban is imposed on transactions with it. The reason for this is the debt of the property owner for utility bills, bank loans, seizure of property as collateral or other violations.

The ban is imposed in order to limit the violator’s right to dispose of the apartment until debts are repaid or the issues that served as the basis for the arrest are resolved. Owner arrested square meters cannot legally perform meaningful actions on the transfer of ownership of them (Part 4 of Article 80 of the Federal Law “On Enforcement Proceedings”).

For example, the restriction applies to transactions on:

exchange;
purchase and sale;
inclusion of property in the will;
using an apartment as collateral;
rental.

The arrest acts as a strict restriction for the owner of the apartment, but its imposition does not prevent further residence and use of the property.

Reasons for seizing housing

The ban on disposal of the apartment applies as a preventive measure against its alienation by the owner, when there are good reasons to believe that the housing will not be retained by the violating owner. Arrest is applied by government bodies if the owner of the property does not fulfill obligations to individuals or legal entities.

Let's consider situations in which reasons for seizure arise:

Large debt of the owner on credit obligations may entail the seizure in the interests of banking institutions of valuable property, including real estate, to ensure future repayment of the debt.
If there are disputes between citizens regarding the division of an apartment, which is part of the inheritance estate, at the request of a notary, the apartment may become subject to a ban on alienation.
When pawning an apartment in a pawnshop its safety can be guaranteed by seizure until the borrower repays financial debts.
The court has the right to seize housing to secure a claim, when there are suspicions about the preservation of property rights of the current owner-defendant.
The bailiff service applies restrictions on the apartment based on the judge's writ of execution, and during the enforcement case independently to ensure payments for loans, alimony payments, fines, and compensation for harm caused.
Debt public services .
Compensation for material damage caused by the owner of the property to citizens or legal entities.
Overdue arrears when repaying tax payments.

An apartment may be seized only in strict accordance with the law and only with documentary evidence of the grounds for applying such a restrictive measure.

The procedure for seizing real estate

The process of seizing an apartment is carried out during enforcement proceedings by order of a judge, bailiff or government agencies. The enforcement service is obliged to notify the owner of the property and other interested parties about the start of the procedure.

Within 10 days after receiving the writ of execution, the owner can pay off all debts, thereby preventing the apartment from being seized. During this period, the imposition of a ban is not allowed. If voluntary repayment does not occur, then the executor performs the following actions (Article 64 of the Federal Law “On Enforcement Proceedings”):

conducts an inventory of property and seizes it by drawing up a special act;
performs real estate valuation;
sends the apartment to public auction in order to sell it and obtain funds to pay off the debt.

In the act of seizure of real estate, the bailiff indicates the following data (Part 5 of Article 80 of the Federal Law “On Enforcement Proceedings”):

characteristics of the home: general state, visual assessment of repairs, number of rooms and premises, floor;
passport details, residential addresses and signatures of witnesses present;
face information, which is responsible for the safety of square meters.

Debtors should be wary of undervaluation of property, so they need to insist on an examination of the value by licensed institutions.

Where to get information about the arrest of a home

You can obtain information about current restrictions on an apartment via the Internet or the Unified State Register. It is not difficult to obtain a certificate from the register - this is done so that landlords or buyers of real estate can be sure that there are no prohibitions on the subject of the transaction.

To prepare a paper extract from the Unified State Register in accordance with clause 1 of Art. 333.33 of the Tax Code of the Russian Federation, it is necessary to pay a state duty in the amount of 400 rubles. for citizens or 1200 rub. for legal entities (150-300 rubles are charged to receive an electronic document). You can refer to the following sources:

federal registration service;
multifunctional centers;
Rosreestr website;
agencies on web portals.

Courts and bailiffs, when applying an arrest, inform the Rosreestr authorities about this, and they enter the information into the Unified State Register. therefore, the statement does not always contain up-to-date information. In this case, you can use two more resources: the district court website and the bailiff service department.

On the website of the judicial authorities, look for information about the existence of claims against the owner of the property and decisions made on this issue. In the FSPP, inquire about the seizure by the executor of the home for debts.

Which authorities have the right to seize an apartment?

A judge or bailiff can apply a restriction in the form of seizure of an apartment. The court makes a corresponding decision during court hearings to secure the statement of claim (clause 1, part 1, article 140 of the Code of Civil Procedure of the Russian Federation), and the executive service - on the basis of a court writ of execution or within the framework of an enforcement case (part 1, article 80 of the Federal Law "On enforcement proceedings").

When investigating criminal cases, the arrest of property can also be requested by investigative or inquiry bodies (Article 115 of the Code of Criminal Procedure of the Russian Federation), and in the course of their activities the ban can be initiated tax authorities or the customs service (Part 1 of Article 77 of the Tax Code of the Russian Federation).

Seizure of an apartment share

Sometimes there are several homeowners. If a citizen owns only a share of the property, then the ban on sale is directed only to this part of the apartment.

When seizure of an apartment is prohibited

The law establishes a list of property that cannot be recovered (Article 446 of the Code of Civil Procedure of the Russian Federation). The list also includes real estate, but a ban cannot be applied to it only when seized for the purpose of sale in some situations.

Thus, arrest for sale cannot be applied if the apartment is the only real estate of the debtor (clause 1 of Article 446 of the Code of Civil Procedure of the Russian Federation). This rule does not apply to cases of pledging real estate to obtain a loan and imposing a ban to collect debt.

Example.

Citizen Vasiliev asks to recover from his business partner Ivanov cash in the amount of 200,000 rubles, and in order to fulfill the obligations, asks to seize and sell the defendant’s apartment. The court did not seize Ivanov’s apartment for the purpose of sale, since he and his family live in the same apartment, and he does not own any other real estate.

In the event that Ivanov took out a loan secured by an apartment, then seizure would become possible if he failed to fulfill his financial obligations. Also, if enforcement proceedings have been opened against Ivanov to collect alimony, then the bailiff has the right to seize the only housing, but only for the purpose of stimulating the repayment of the debt.

Real estate is not subject to arrest if the ratio of the amount of debt and the cost of the apartment is disproportionate (Part 3 of Article 140 of the Code of Civil Procedure of the Russian Federation). So, with a debt of 30,000 rubles. the court will never seize an apartment worth 1,500,000 rubles. to pay off the debt through sale.

Options for canceling the seizure of an apartment

If the buyer of an apartment becomes aware of the existence of a lien on it when completing the transaction, then there is no need to rush and refuse the purchase, so as not to have to collect the paperwork for the purchase and sale agreement again later. It is better to immediately find out the reason for the ban - often the procedure for lifting the arrest takes time, and it is quite easy to cancel it.

While the seizure of the apartment is being lifted, to ensure the security of the transaction, you should contact the registration service or the MFC with an application to suspend the registration procedure, indicating the reason and the period for which it needs to be stopped. To lift the ban, you need to eliminate the reasons for its application:

pay debts in full;
resolve the legal dispute in which the arrest was imposed.

An application to lift the arrest should be submitted to the body that applied it (Article 141 of the Code of Civil Procedure of the Russian Federation).

Cancellation of the arrest is possible if there were violations during the seizure:

there were procedural violations on the part of the executive service;
the recovery was aimed at property not subject to prohibition;
if restrictions on the apartment violate the interests of other persons, for example a child registered in the living space;
the ban was imposed on the entire apartment, although the debtor owns only part of it.

Statement of claim

To lift the arrest by filing a claim, you need to prepare a corresponding application and submit it to the court. Filing a claim is limited by two deadlines: a three-year limitation period from the moment the ban was imposed (Part 1 of Article 196 of the Civil Procedure Code of the Russian Federation) and the moment of sale of housing as part of confiscation (Part 1 of Article 442 of the Civil Procedure Code of the Russian Federation).

In the claim, the applicant states the following:

time of inventory of property and application of seizure;
the resolution that initiated the sanctions;
characteristics of real estate.

In the text, it is important to note the bailiff’s procedural violations, if any, and argue your position. Attached to the claim:

check for payment of state duty;
a copy of the arrest warrant;
documents confirming ownership of the apartment;
documentation to substantiate the applicant’s position on the illegal application of the ban.

Appealing the seizure of real estate in the courts

Appealing against arrest is an inalienable right of the debtor (Part 1 of Article 441 of the Code of Civil Procedure of the Russian Federation). The bailiff is obliged to comply with the law and not violate the following points:

The presence of bailiffs is allowed only in housing which is owned by the debtor.
Inventory of housing and confiscation are permitted only with the written permission of a superior bailiff.
Actions within the framework of enforcement cases not allowed at night or on weekends.

Conclusion

In the process of seizing an apartment, authorities must strictly follow the laws, and citizens, in order to protect their interests, should:

study the grounds to apply arrest;
do not hesitate to appeal against the illegal actions of bailiffs;
check for restrictions on any property transactions;
remember the possibility of preventing arrest by early repayment debt.

Video

The real estate market is very wide, and a certain niche here is occupied by such a category of property as seized apartments. This is a property that was seized by bailiffs from the owner for debts and then put up for sale. There are quite a lot of such cases, so it is quite possible to buy a seized apartment. But first, you need to understand all the nuances of such a purchase, as well as evaluate all the pros and cons of the property being purchased.

How an apartment comes under arrest

The seizure of property occurs for the debts of the owner to one or another institution, upon the latter’s appeal to the courts. As for apartments, the debt most often arises for an outstanding mortgage loan to the bank. But there are other cases of debt. Upon arrest prerequisite is that the apartment is pledged. And when debts are systematically not paid, but only grow and grow, multiplying with interest, penalties and penalties, the creditor turns to the courts. And after the court decision, the bailiffs describe the debtor’s property, and then this property is seized for the purpose of further sale.

Pros and cons of buying a foreclosed apartment

Buying a seized apartment is attractive because it has a fairly low price compared to the current market price, since the most important thing when selling is to pay off all debts, and not to profit from this operation. Many are tempted by the price, as well as the “transparency” of the history of the apartment if it is seized for mortgage debts. After all, before approving a mortgage loan, the bank carefully checked everything. But is everything really that smooth?

The disadvantages of purchasing seized real estate include:

It is not possible to view the apartment before purchasing. This service is not provided by banks or other mortgage holders, much less bailiffs. You can be content with only the address, floor, number of meters and rooms. You have to evaluate the apartment only by external signs- you can look at the house (what material it’s made of, what year it was built, etc.), the condition of the entrance, talk to the neighbors. But it’s impossible to see what the atmosphere is like inside, what kind of repairs there are, the condition of the sewage system, etc. On the other hand, most often, apartments are put up for auction for non-payment of mortgages, and mortgages in most cases are given for new buildings.
Trouble created by former residents who may not agree with the court's decision. And therefore they can knock on the threshold of this apartment, threaten, etc. Needless to say, the very aura in the apartment from which people were evicted (no matter for what reason) is not the most pleasant. The worst thing is that the debtor can appeal to higher authorities against the decision made by the court, and the result may be positive for him. This means there will be new trials.
Additional difficulties with apartment decoration. As a rule, the buyer will be responsible for removing the encumbrance from the purchased property. This means time, inconvenience, and additional costs.

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How to buy a seized apartment from a bank

You can purchase a mortgaged apartment directly from the bank. But there is one nuance - in this case she is not arrested, since the seizure of property occurs through the court. The sale of a mortgaged apartment means that its owner does not pay mortgage payments, and the bank is trying to resolve debt issues on its own, without resorting to court assistance. There are three ways to purchase such an apartment:

The sale of property is carried out by the debtor himself, in agreement with the bank. In this case, the cost of the apartment will be no different from other real estate options - after all, you need to sell the apartment to the owner for the maximum possible amount in order to pay off the debts and have something left over. The debtor sells it at a reduced price only when deadlines are running out (and the bank gives only 3 months for the sale), or when the buyer does not agree, citing possible problems related to the encumbrance of property that will still have to be removed.
The sale of the apartment is carried out by the bank through duly accredited real estate agencies. The banking institution itself does not have the right to sell property. The price of an apartment depends on the realtor, who can sell it at either a low or high price. Since the bank, in principle, does not care - it does not receive any profits, it is important for it to pay off all the debtor’s existing debts. The scheme of the transaction is as follows: the bank concludes an agreement with the debtor on the transfer of rights to the apartment, then it is sold, all debts are repaid, and the remainder is returned to the former owner of the apartment. The bank can sell the collateral to a new client who has applied for a mortgage and give him a reduced rate on this loan.
Open bidding. They are carried out in relation to an already seized apartment, by court decision. That is, when the bank applied to the courts to collect debts.

Purchasing a seized apartment at auction

The sale of the seized apartment must be carried out at an open auction, where the buyer is chosen by the one who names the highest price. Such auctions are carried out only specialized institution, bailiffs do not organize such events. The sale of an apartment in this way must be carried out within 2 months, starting from the date of arrest.

The list of seized property can be found on the website of the Federal Bailiff Service., by region. The address of the specific object and some of its characteristics will be indicated there - square footage, number of rooms, floor, etc. Following the law, the bailiff department sets the initial price at which a specific apartment is sold. The basis for setting the initial price is the cost indicated in the writ of execution or in court decision. Moreover, the starting price and the real market value, as a rule, are far from each other.

Auctions will take place if more than 2 potential buyers participate in them and there is a premium in their offers. initial cost. Otherwise, the auction is declared invalid. They can be re-assigned, but with the starting price already reduced by 15%, which the mortgagee asks the court to do, which sets a new price. At the second auction there is just a chance to buy an apartment very cheaply.

Bidding procedure

Before entering the auction, you must first become a participant. Therefore, you will have to perform several actions - a suitable apartment is selected on the FSSP website (the size of its deposit is also indicated here), an agreement is concluded directly with the seller regarding the deposit, this deposit is paid. All losing bidders will receive their deposit back in full. But if the buyer wins the auction, but refuses to purchase it, then in this case he loses the deposit.

After paying the deposit, the following package of documents is submitted:

Application for participation in the prescribed form.
Confirmation of payment of the deposit for the apartment - payment documents with bank marks.
Identity documents.
A list of all documents, indicating the date and time of receipt of the application for participation in the auction.
An envelope containing the proposed sale amount - not lower than the starting price. The envelope must be properly sealed.

After this, on the appointed day of registration of bidders, a special commission checks all submitted documents. And the admission or non-admission of a specific applicant to the ongoing auction is carried out. Participation may be refused for several reasons.- inconsistency or absence of any documents. All this is documented in a protocol. If the applicant is admitted to the auction, he becomes a participant.

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The auction is scheduled for a specific day on which all registered participants must appear. The one who has the highest price for the apartment in the envelope receives the right to purchase it for this price. The deposit paid is, of course, taken into account.

On the same day, the winner and the organizer of the event sign a protocol on the results. This document replaces the contract and has all its rights.

But there is also a dangerous moment in bidding.- in the future they may be declared invalid. In the event that some rules were violated and some procedures for their implementation were not followed. “Invalidity” is recognized only by a decision of the court, which considers the statement of claim filed by the person interested in it.