Apartments from bidding and auctions. Public bidding for the sale of real estate Competitive bidding for the sale of property ak flight
Mortgage lending carries great risks, and today, alas, it is far from uncommon when a borrower is not able to pay the loan debt on a mortgage, which gives the bank the right to sell a mortgaged apartment at auction. In our article, we will talk about the procedure for the sale of mortgaged property provided by law and how public auctions take place.
Violations of the terms of the contract often entail a forced measure - eviction from the acquired apartment and the sale of a residential property at auction. How are public auctions, in which case the auction can be declared invalid - read in our article. So, first of all, we note what legal acts regulate the sale of mortgaged property, in particular, a mortgage apartment:
- Article 350 of the Civil Code of the Russian Federation.
- Federal Law No. 102-FZ "On Mortgage (Pledge of Real Estate)" dated July 16, 1998
- Federal Law No. 229-FZ "On Enforcement Proceedings" dated 02.10.2007
The initial price of a pledged property put up for auction is determined by the court. If the pledgor (defendant) disagrees with the assigned value, he has the right to apply for a revaluation of the property, subject to payment of all necessary services independently (CPC RF). If the owner of the mortgaged apartment does not exercise the right to revaluation, the residential property is transferred to the Bailiff Service at a cost that was determined in court, for sale at public auction. The initial price of collateral property put up for auction is determined on the basis of a decision on property valuation, which is carried out at the initiative of bailiffs. If the initial public auction for the sale of the pledged property was declared invalid, the initial sale price of the pledged property is reduced by 15% at the repeated auction. Upon the entry into force of a court decision on the recovery and recognition of the auction held by the bailiff service as invalid for certain reasons, the auction can be held more than once. And taking into account the constant growth of property in the real estate market, the owner of a mortgaged apartment, having timely contacted an experienced lawyer, may well insist on the sale of property at a higher value, corresponding to a given period of time. If the amount received from the sale of the apartment at public auction is not enough to cover the debt, the pledgee has the right to demand the missing amount from the debtor's other property, in addition to the pledge. If the amount from the sale is higher than the loan debt, the difference must be returned to the mortgagor. At any time prior to the moment the apartment is put up for public auction of the pledged property, the pledgee and the pledgor may terminate the foreclosure of this property by fulfilling debt obligations.
Documents giving the right to sell collateral at auction
In accordance with Art. 349 of the Civil Code of the Russian Federation and Article 12 of the Law “On Enforcement Proceedings”, the recovery of pledged property in favor of the pledgee can be addressed:
- on the basis of a court decision issued within the framework of a judicial procedure;
- without going to court in case of reaching a voluntary agreement between the pledgee and the pledgor c.
Executive documents giving the right to collect the subject of pledge and sell it at public auction are:
- writ of execution submitted on the basis of court decisions;
- an executive inscription of a notary, if an agreement has been reached on an extrajudicial collection procedure, confirmed by a written contract.
In what cases can not be foreclosed on the subject of pledged property
Foreclosure on pledged property may not be allowed if:
- the violation of the debt obligation was extremely insignificant (the period of overdue payments under the mortgage agreement was less than 3 months);
- the amount of the pledgee's claims is disproportionate to the value of the pledged property (the amount of the unfulfilled obligation is below 5% of the valuation of the subject of pledge according to the pledge agreement).
The procedure for the sale of pledged property at public auction
The sale of mortgage apartments at public auction is carried out on the basis of Ch. 10 of the Law "On Mortgage (Pledge of Real Estate)". Public auctions are held by the Federal Bailiff Service at the location of the pledged property. Before the auction, the organizer is obliged to inform about this in the print publication and on the official website of the executive authority no earlier than 30 days and no later than 10 days before the auction. The information should contain information about the time, date and place of the public auction for the sale of real estate, the main characteristics of the collateral put up for auction, the initial price of the object. Persons wishing to become participants in the public auction of the pledged property must make a deposit, the amount of which is indicated in the notice. The maximum amount of the deposit is determined no higher than 5% of the initial sale value of the property to be sold. The person who offered the highest price for the object of collateral property being sold is recognized as the winner of the auction. The protocol on the results of the conducted public auction is signed by the winner and the organizer of the auction. Within the next five days, the winning person must pay the sum in full, minus the deposit paid. The contract for the purchase and sale of the apartment is signed within 5 days following the payment of the purchase price in full. The grounds for making an entry in the Unified State Register of rights to real estate and transactions with it are a protocol with the results of a public auction for the sale of real estate and a contract of sale. In accordance with Art. 58 of the Federal Law “On Mortgage (Pledge of Real Estate)”, public auctions of pledged property are recognized as failed during the day following their holding, in the following cases:
- with the participation of less than 2 buyers;
- if the initial sale value of the pledged property was not increased by the participants' premium;
- if the person who won the auction did not pay the purchase price within the prescribed period.
If the public auction was declared invalid, the pledgee has the right to preferential buyout of the pledged property in agreement with the pledgor, taking into account the requirements put forward for execution in the purchase price. Redemption is made on the basis of . If the public auction is declared invalid for the second time, the pledgee has the right to leave the property as a subject of collateral with an assessment of at least 10% of the original amount. The agreement is terminated if the pledgee has not exercised his right to leave the subject of pledge within 1 month from the moment when the public auction for the sale of real estate was declared invalid again.
Vera
Hello, such a question, the bank sued for the recovery of mortgaged property on a mortgage, the court satisfied at the beginning of 2018, a year passed, the bailiff advised to contact the bank with a request for a settlement agreement. The court rejected the settlement. Due to the increase in the amount of debt by the bank in the settlement agreement. And two days ago people came and said that there would be auctions, and the amount was reduced by 15% and the auctions were held in another city. Do they have the right to reduce the cost of an apartment without a trial? And hold auctions in another city?
Sergey (senior lawyer)
Hello Vera! The court must determine the initial selling price of the apartment. Then it can be reduced if the first auction did not take place due to the lack of buyers. In accordance with Art. 56 of the Law on Mortgage auctions for the sale of mortgage apartments are held strictly at the location of the apartment. Therefore, it is impossible to conduct auctions in another place according to the law.
Dmitry
For mortgage debt bailiffs deduct from wages. And at the same time put the apartment up for auction. Is it legal to deduct from the salary in payment of the full amount and put up for auction?
Sergey (senior lawyer)
Hello Dmitry! The legislation does not prohibit bailiffs from using several methods of collecting funds from the debtor at the same time. Therefore, such actions of bailiffs are lawful.
Natalia
Hello, a mortgage apartment was put up for auction, with an initial cost of 1890000, after a while I went to the official website of the auction and the apartment was on sale for 1000008 and 865000 on the same date. No bid notifications were received. Is this price reduction justified?
Sergey (senior lawyer)
Hello, Natalia! In accordance with Art. 58 of the Law on Mortgage, in case of repeated auctions, the original price of the property can only be reduced by 15%. Therefore, the price reduction indicated by you is illegal.
Natalia
Hello! I am a mother of two minor children (son 7 years old, daughter 5 years old), divorced. In 2016, by decision of the Meshchansky Court dated March 30, 2016, enforcement proceedings 208191/17/77029-IP dated April 13, 2017 were initiated. and seized the apartment at: , which is the only housing of my incomplete family with two minor children. Former members of my family cannot be removed from the register, since a ban on transactions with property and registration actions has been imposed. By decision of the interdepartmental commission of Dom.rf JSC, assistance from the State was approved for me as part of an assistance program for certain categories of borrowers on mortgage housing loans (loans) who found themselves in a difficult financial situation, approved by Decree of the Government of the Russian Federation of 04.20.2015 N 3. See Appendix p.3. in the amount of 3,000,000 rubles. In accordance with the Decree on the transfer for sale at auction dated March 26, 2019 No. 77029/19/2718725. SPI: Baranov Kirill Lvovich, as well as according to the act of transfer to the auction dated 04/25/2019 No. b / n. SPI: Kirill Lvovich Baranov (Notice L1/19/16/Bab-25 260419/34117922/07 Lot 1) In accordance with paragraph 4 of Article 292 of the Civil Code of the Russian Federation, the alienation of residential premises in which family members of the owner of this residential premises under guardianship or guardianship or the remaining without parental care, minor family members of the owner (of which the body of guardianship and guardianship is aware), if this affects the rights or legally protected interests of these persons, is allowed with the consent of the body of guardianship and guardianship. According to the information of the head of the department of guardianship, guardianship and patronage of the district, the consent to the alienation of the residential premises - the apartment, was not given to the organizer of the auction LLC "TERRA". Accordingly, the auction took place on 06/24/2019. were produced in violation of the legislation of the Russian Federation, namely paragraph 4 of Article 292 of the Civil Code of the Russian Federation. The International Convention for the Protection of the Rights of the Child demands that member states, such as Russia, prohibit cruel, inhuman and degrading treatment of a child. Depriving a child of the only home allows us to assert that by the will of the state the child will either be thrown out into the street or deprived of his parents. In compliance with its obligations under the foreign currency mortgage, the bank received ~$200,000 from me since 2007. to 2018 (1556*5*12+49000)+55000 total: now it is at the rate of $1=65. 16 rub. - 13 032 000 rub.-const/fact. According to enforcement proceedings 208191/17/77029-IP dated April 13, 2017. the bailiff put the apartment up for auction on behalf/notice L1/19/16/Bab-25 Lot 1 260419/34117922/07. Starting price 9,060,000 rubles - const/fact. In June 2017, due to the actions of VTB Bank to wean the only housing, I attempted suicide - a fact, as a result of which I am registered with PND-fact. At present, VTB Bank, on my part, has been offered a way out of the situation: 1. Fixing the fact that the debtor has already paid ~200,000 US dollars to the bank. 2. Formation by the bank of an application to the FSSP on the termination of IP 208191/17/77029-IP dated April 13, 2017. in relation to the debtor. 2. Determining the amount of a new loan, which is - 6,975,000 rubles, where a) Own "forgiveness from the bank" - - 3,909,000 rubles. as compensation for the damage caused to the health of the debtor, as a result of the bank's actions to take away the only housing from my single-parent family with two minor children. b) The amount of the new mortgage agreement is 2,856,000 rubles. according to the forensic appraiser's report I provided earlier. 3. Mortgage repayment on account of assistance from the State under the program of assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, approved by Decree of the Government of the Russian Federation of 04.20.2015 N 3. See Appendix p.3. - 3,000,000 rubles. (An appeal to Dom.rf, as well as an appeal to the Chairman of the Government of the Russian Federation D.A. Medvedev in defense of the family with a description of the ongoing obscurantism, was sent). I would like to draw your attention to the video "Putin: Foreign currency mortgage holders need help" on YouTube https://youtu.be/a5NI-j19oCM advice and advice on my situation. Sincerely, Mersheeva Natalya Alexandrovna.
Awaiting verification
Julia
Hello! I have a few questions: 1) What is the procedure for eviction after the auction has taken place? 2) How legal is it to sell an apartment at auction if there is a second mortgagee, and the courts are still going on?
Sergey (senior lawyer)
Hello Julia! 1. Usually, new owners notify the former owners in writing of the dates when they need to leave the property. If they do not evict themselves, then the new owners have the right to use the police and evict the former owners by force. 2. To resolve this issue, it is necessary to study the documents, since under certain circumstances it is possible to satisfy the requirements of the original pledgee. But as a general rule, the claims of the initial pledgee take precedence over those of the subsequent pledgee.
Gulmira
Hello! On 08/05/2019, the second auction of my house mortgaged in the bank took place, a buyer appeared, the rest of the money has not yet been paid. Can I pay off the debt to the bank in these five days and remove the house from arrest? or is it too late?
Sergey (senior lawyer)
Hello! Unfortunately, the time has already passed. You could fully repay the debt before the sale of the mortgaged house, and since the auction has already taken place, then, therefore, you no longer have such an opportunity.
Ilya
Hello. I'm a pledger - the apartment is the only housing. The borrower regularly pays and will continue to pay regularly in the future. (This loan is 580 tr.) I am filing for bankruptcy on my non-purpose loans 800 tr. and are not secured by anything. Question. What will be presented to the borrower. What is the fate of the only housing? If there are auctions.. Then how much% can reduce the price? (market price 3.4 million. Stalinka's house, tried to sell it himself and did not buy for 2.7 million.)
Sergey (senior lawyer)
Hello Ilya! The apartment will belong to the bankrupt's property and will be sold at auction. The procedure for holding auctions, including the cost of selling the mortgaged apartment, if they are held as part of the bankruptcy procedure, are determined by the bankruptcy creditor. But at the same time, according to the law, during repeated auctions, the initial sale price of the property is reduced by 10%.
Karina
Hello! Can you please tell me how many times a public auction can be held, provided that previous auctions for the same property have not taken place? The law says that after the failed second auction, the bailiffs offer the bank to accept property on the balance sheet with a decrease in value by 25%. If the bank refuses in this situation, will the third and fourth auctions be held? Or will the property be returned to me? If the property is returned to me, how will the debt be collected if I am unable to repay it within 5 days?
Sergey (senior lawyer)
Hello Karina! In accordance with Art. 58 of the Law on Mortgage, if within one month after the announcement of repeated auctions as failed, the bank does not leave the apartment, then the mortgage is terminated. But this does not mean that your debt will disappear. He will be collected in the general manner through the bailiffs, but now they will not be able to withdraw the apartment on account of the debt.
Alexey
Hello. there is a mortgage debt of 1 million 900t r, the apartment has already been put up for re-auction (2 million 700), the auction will begin in 9 days, but today I found the amount for the debt and I want to return it to the bank, can I now pay my debt and not worry that the apartment will leave at auction?
Sergey (senior lawyer)
Hello Alexey! Based on Art. 60 of the Law on Mortgage You can pay off the debt at any time before the sale of the apartment. Therefore, you are completely free to send free money to pay off debt and thereby release the apartment from sale at auction.
Elizabeth
My apartment was sold at the first auction. I suspended the enforcement proceedings a few days after the auction of an administrative claim in relation to the actions of the bailiffs. The bailiffs have suspended the procedure for removing the arrest and transferring money to the bank. However, the buyer, without waiting for the transfer of ownership, broke into the apartment and changed the locks, what to do in this situation. The police don't want to get involved.
Sergey (senior lawyer)
Hello Elizabeth! The actions of the buyer are seen as signs of a crime under Art. 330 of the Criminal Code of the Russian Federation, that is, arbitrariness. Therefore, write an official statement about bringing the buyer to criminal liability, if it is refused, appeal it to the prosecutor's office and to the court.
Marina
The court decided to put the collateral real estate up for public auction. The loan was taken from an individual. It is issued as - Loan (mortgage) agreement. A consumer loan, not a fixed loan. He did not take on the purchase of housing. The loan was taken on the security of their own housing, which is the only one. The court did not accept the arguments that housing is the only one (extract from the USRN and lack of permanent registration). How else can you prove that housing is the only one and what to do in this situation?
Sergey (senior lawyer)
Hello Marina! In this situation, it does not matter that the money was taken from a private person as a consumer loan. Another important thing is that the apartment was mortgaged, that is, it is a mortgage, therefore, it can be foreclosed on, regardless of whether the apartment is the only or not the only housing.
Marina
The court decided to put the collateral real estate up for public auction. The court did not accept the arguments that housing is the only one (extract from the USRN and lack of permanent registration). How else can you prove that housing is the only one and what to do in this situation?
Sergey (senior lawyer)
Hello Marina! If we are talking about a mortgage apartment, then it can be foreclosed, even if it is the only housing for the debtor. That is the position of the law. It is necessary to negotiate with the bank on the provision of refinancing, installment plans, etc. You can also offer the bank to leave the apartment behind him in order to fully repay the debt.
Ivan
The court ordered to terminate the loan agreement with the bank and sell the mortgage apartment at auction. If there is also a 3rd party of Rosvoennipotek in the ownership documents and it has no claims against me at the moment, but at the same time it is also, roughly speaking, the owner, then how will the auction go and how will the apartment be sold if the third party does not want to sell.
Sergey (senior lawyer)
Hello Ivan! Since there is a court decision on the sale of the apartment, it must be executed. After all, no one has canceled the bank's demand to repay the debt at the expense of the mortgaged apartment. Therefore, in general, it can be assumed that the auction will be held in accordance with the terms of the loan agreement and the provisions of the current legislation.
Maria
Good afternoon! Apartment bought at auction. No one lives in it, but there are things of the previous owners (furniture, appliances) After taking ownership, I applied to the court for eviction and discharge. The decision came into force in terms of extract and recognition as having lost the right to use. The court refused to evict, because no one lives in the apartment, and things are not a reason for eviction. The former owner does not take things, says he will challenge the auction. What should I do with things? I can’t enter and live, because I can’t bring my things. Do I have the right to throw away his things?
Sergey (senior lawyer)
Hello Maria! You have every right to throw away the belongings of the previous owner, since the apartment is your property and you have the right to remove any obstacles to the lawful use and ownership of the apartment.
Alexander
Hello! I purchased a plot at the auction of the arrested property, after paying the entire amount, signing the sale and purchase agreement and transferring all the documentation for the plot, it turned out that the debtor paid all the debt to the bailiffs (after the auction). What is the best thing to do in this situation?
Sergey (senior lawyer)
Hello, Alexander! The auction has already taken place and can only be canceled in court, and the funds contributed by the previous owner must be returned to him. Therefore, you can continue to register the ownership of the land.
Svetlana
Good afternoon! Tell me, what is the procedure for foreclosing a mortgaged item between individuals by a court decision if the mortgaged item is currently registered to a third party? Is it necessary that the apartment for bidding be registered exactly on the debtor?
Sergey (senior lawyer)
Hello Svetlana! As a general rule, only property that is owned by the pledgor can be pledged. If the debtor sold the collateral, then it is possible to foreclose taking into account a fairly large number of nuances prescribed in the legislation and the pledge agreement. The situation may develop in different ways: the pledge may cease altogether, the new owner will become obligated, you may demand early performance of the obligation secured by the pledge.
Ruslan
Hello!!! The court made a decision which established the initial cost of the mortgaged apartment (on a mortgage) at 740 thousand rubles., The first auction for the sale of housing was declared invalid. The bank makes examinations on the basis of which the price of the apartment being sold, allegedly the market price, drops to 440 thousand rubles (three-room apartment) and asks the court to reduce the sale price by 20%, that is, to 340 thousand rubles. The court again agrees with the bank and issues a ruling to reduce the sale price to this amount. To what extent is this legal and should it be appealed? The very amount of debt collection by the bank from the debtor is just 740 thousand rubles, so the difference will be recovered after the sale is huge, and the price of the apartment cannot be so low. Tell me what to do?
Sergey (senior lawyer)
Hello Ruslan! Once the court has made a decision to set the sale price, it is necessary to appeal this decision with the involvement of the conclusions of other experts. Also review your mortgage agreement to determine how to determine the price of an apartment when it is sold at auction.
Svetlana
Good afternoon! Our apartment left the auction, the winners of the auction gave time for the removal of our things from the apartment. Can you please tell me how the keys to the apartment are handed over? What documents need to be required from the winner of the auction to make sure that he has rights to the property, is the presence of a bailiff or lawyers necessary?
Sergey (senior lawyer)
Hello Svetlana! The procedure for handing over the keys to the winning bidder is not prescribed by law. This means that this should be decided in accordance with the agreement of the parties. If there are doubts about the rights of the winner of the auction, you can demand an extract from the register confirming the person's ownership of the apartment, and his passport. The presence of a lawyer and bailiff in such a situation is not required.
Nina
Good afternoon! My husband and I are mortgage debtors, there was a court, a decision was made to sell the apartment through auction. The initial amount was determined to be over two million, while our debt to the bank is about one million nine hundred rubles. Tell me, will the bailiffs still evaluate its value, or is it already an established value, since there is a court decision? And is it necessary to terminate the agreement with the bank so that interest on the mortgage does not drip, or is it automatically terminated in connection with the decision? Will we remain indebted to the bank? We have a one-room apartment on the first floor, Khrushchev. Apartments in such a house, the third floor, even cost about one and a half million rubles. The bank assures that the apartment will simply go to the balance sheet and we will not owe anything
Sergey (senior lawyer)
Hello Nina! The initial selling price is determined by a court decision, the bailiffs will no longer be able to change it. The agreement must be terminated, since until the sale of the apartment at the auction, the mortgage agreement continues to operate. You will not owe anything to the bank, provided that the money received from the sale of the apartment at the auction is enough to pay off the debt.
Elena
Good afternoon! question - there is a trial, the bank filed a lawsuit to terminate the mortgage agreement and collect the debt by selling the pledge. The mortgage house was reconstructed without the consent of the bank, the second floor was erected and the area of the house increased from 86 sq. m. to 200.5 sq. m. (i.e. unauthorized building). The bank assessed according to the old parameters and estimated it at 3 ml (another -80%), while the experts unsubscribed that access to the house was limited, we were not notified of the debtors, the real cost is about 6 ml. The judge does not accept our objections regarding the inconsistency of the area, since there is no data in the register, now we have a new technical plan of the building and a statement of claim for the legalization of the reconstruction, can the judge ignore and determine the initial sale price according to the old parameters and what we need to do ?
Sergey (senior lawyer)
Hello, Elena! It is difficult to say, since the issues of the procedure for evaluating a house can be separately provided for in the contract. In addition, the judge is guided by the evidence provided by the bank in the form of an appraiser's opinion. You can challenge it and provide your opinion. You now need to conduct your appraisal examination.
Radik
Removal of pledge from real estate after auction An individual did not pay a mortgage, by a court decision the apartment was put up for auction by the Federal Property Management Agency. It is possible that the proceeds from the auction will not be enough to fully pay off all debts to the bank. Is the bank obliged in this situation to remove the deposit from the apartment and will it not demand the repayment of the balance of the debt to the new owner? Thanks
Sergey (senior lawyer)
Hello! The pledge of an apartment is terminated from the moment it is sold at auction and acquired by a new owner. In accordance with Part 5 of Art. 61 of the Law on Mortgage, if the amount from the sale of the apartment turned out to be insufficient, then the debtor is not obliged to pay anything, provided that his liability is insured, as well as with bank liability insurance. If this condition is not met, then, within the meaning of the law, the bank may recover the balance of the debt from the debtor.
Anastasia
Hello! Please tell me if the first auction was declared invalid, how much time is there before the provision of the second auction?
Sergey (senior lawyer)
Hello Anastasia! If we are talking about the sale of a mortgaged apartment, then repeated auctions must be held no later than one month after the first auction.
Oksana
Good afternoon! A public auction for the sale of the developer's apartment was held by a secured creditor - Sberbank, I was declared the winner, the amount was paid in full under the contract, the ownership was registered, after which I sold the object to a third party. Another creditor (not a pledge) filed a claim to declare the auction invalid .. if the requirements are met, the return of property is possible to the bankruptcy estate or they will come to me with demands for the recovery of damages .. but I paid the amount to the bankruptcy estate ..? If restitution is applicable, does the return of funds come from current payments or after all creditors' claims are satisfied?
Sergey (senior lawyer)
Hello Oksana! If the concluded sale and purchase agreement is declared invalid, everything received by the parties under the transaction must be returned in full. That is, you must receive the amount of money paid. Your claim may be recognized as a current payment and payable out of turn at the expense of the bankruptcy estate.
Elena
Good afternoon, tell me, please, there was a court decision to foreclose on the mortgaged property (apartment), the first auction was declared invalid, on the basis of this, the mortgagee filed documents for registration of ownership of the apartment, repeated auctions were not announced and were not held. Is it legal? Is it necessary to re-bid? (the agreement stipulates that the pledgee can retain the property after the first auction failed).
Sergey (senior lawyer)
Hello, Elena! In accordance with Art. 59.1. Mortgage law allows the bank to leave the apartment at home. In general, the parties in the mortgage agreement have the right to provide for the procedure for the sale of the pledged property when foreclosure is applied to it. Therefore, carefully read the mortgage agreement and determine what further procedure is provided for in it.
Anna
Good afternoon! An agreement was concluded with the Bank for the provision of a credit line. With security agreements for pledge of immovable property. On the date of repayment of the loan agreement, the Bank's license was revoked, bankruptcy proceedings were introduced. The bankruptcy trustee disputed the payments and the court ruling restored the debt in the amount of 10 mil. rub. Subsequently, the bankruptcy trustee put up for auction this debt under the Lot, indicating that the debt is being sold by court order. The debt was redeemed, and the Bank entered into an agreement on the assignment of claims. The contract also indicates that the rights are transferred by court order, and the Definition only says that to restore the debt in the amount of 10 mil. Rub. But also, according to the text of the contract, it transfers the rights to interest, fines, to foreclosure of real estate. Are the claims of the new creditor legal now, since the debt was transferred by a court ruling, and not by a loan agreement. And only a debt of 10 million was put up for auction. Rub.
Sergey (senior lawyer)
Hello Anna! The rights of claim on a debt may be transferred to a third party without the consent of the debtor. Given the fact that all this happened as part of the bankruptcy procedure, it is quite natural that only a court could make such a decision. But we still need to look at the documents for the correct legal registration of the debt transfer procedure.
Vyacheslav
Good afternoon! I entered into an assignment agreement with Sberbank on the assignment of claims. You are e. they gave me a mortgage apartment and a mortgage debt of a person who is hiding. In this case, a writ of execution was issued to collect and hold a public auction for this property. In what order should I proceed so that this pledge is transferred to my use. Those. the apartment has become mine. I am legally illiterate and got involved in such an adventure.
Igor Ketov
I won a lot in the auction for the bankruptcy public offer of agricultural machinery. Does the right of pre-emption apply in such tenders? If so, at what time should the bidding organizer send me an offer to sign the contract? Immediately or after the offer to persons with a pre-emptive right?
Sergey (senior lawyer)
Hello Igor! When selling agricultural machinery, the priority right to purchase them at bankruptcy auctions belongs to agricultural producers. If bidding has already taken place, in which non-agricultural producers took part, it means that they have already been made an offer to purchase equipment. Therefore, since you have won the auction, the offer to conclude an agreement must be sent to you within the time limits established by law.
Igor Ketov
Sergey, thank you very much!
Ekaterina
Please tell me, after the bank, after two auctions, accepts the property on the balance sheet, will there be any claims against the debtor or are all claims over?
Sergey (senior lawyer)
Hello Ekaterina! If the value of the property is sufficient to pay off the entire amount of the debt, then there will be no more claims against the debtor from the bank. But if the value of the seized property is insufficient to satisfy all the requirements of the bank, then the debtor will have to satisfy these claims.
Julia
Good afternoon. Help interpret the law. What does preemptive right mean? What does auction price mean? For what period can the preemptive right be exercised? Is it possible to use the pre-emptive right on a public offer, at the last stage, without filing an application for participation in the auction on the ETP? What should the winner do in this case, if he won the Auction, and he receives a letter that SP ..., took advantage of the pre-emptive right?! Help me understand please.
Sergey (senior lawyer)
Hello Julia! Priority right means priority in something in comparison with other persons. The price set at the auction is the lowest price offered by any of the bidders. To answer the last question, it is necessary to study all the materials of the auction in order to find grounds for challenging the results of the auction.
Nicholas
Hello, we want to buy real estate from the bank that we did not buy at the first and second open auctions. The auction took place, they concluded agreements, but the money was not paid. The other day, public auctions took place. We were in 3rd place in terms of price. Today we got a call from the banks with an offer to buy real estate directly. It is obligatory to wait 5 days for the conclusion of the contract and 30 days for payment, so that the creditor-bank takes the property and sells it directly under the contract of sale. The bank is the only creditor, and accordingly it filed for bankruptcy and put its bankruptcy. Can the owner of this property sue for the illegal sale of this property? The purchase price will be twice the selling price of the lot.
Sergey (senior lawyer)
Hello Nikolay! The possibility of selling the subject of mortgage by the bank to third parties must be provided for in the mortgage agreement. Therefore, if there is no such provision in the contract, then the pledgor gets the opportunity to challenge the bank's actions to sell the property not at the auction, but directly to a third party.
Oleg
Good evening! I am a pledger under a loan agreement, the one who took the loan disappeared. My mortgaged property was foreclosed through the court. Three auctions were held, which are considered not to have taken place. Announcements about the auction were posted in the newspaper and on the website, and the protocols that the auction did not take place were not posted anywhere. Tell me from what time the bank starts counting a month to take it to the balance. Or you can go to court with a statement that the mortgage has stopped
Sergey (senior lawyer)
Hello Oleg! This period begins to be calculated from the moment the last decision on the recognition of the auction as invalid was made.
Vladimir P
Good afternoon! The bank, through the court, demanded a refund of the remaining amount for the delay for the mortgage. I can’t return it.
Sergey (senior lawyer)
Hello Vladimir! The timing of the auction in the legislation is not defined, therefore, at the discretion of the bank in the presence of an appropriate court decision and compliance with all other necessary conditions.
Elena Vasilyeva
Sergey (senior lawyer)
Hello Sergey! In enforcement proceedings, there is such a phenomenon as succession, when another organization, its successor, takes the place of a liquidated organization. A court order is usually required to change a party in enforcement proceedings. Therefore, most likely, the new bank has complied with all the necessary formalities to enter into enforcement proceedings and the auction can continue further.
Olga
Good day! I am an individual in 2015 entered into a mortgage agreement of 1.5 million rubles with Sberbank, I am not a guarantor for a commercial loan of a legal entity of 15 million rubles. in 2016, the legal entity stopped paying the loan. I negotiated with the bank to buy out my apartment and deposited 1 million rubles in the bank. However, six months after my 1 million, due to the delay in the loan of 9 million, the arbitration court ruled to foreclose on my apartment and the property of other pledgers. I went to court with a lawsuit against the bank to recover 1 million rubles. The decision of the court - to satisfy the claim, an appeal was filed. I also again applied to the bank with an application for the redemption of my apartment - it was not considered. Today the auction took place - someone won. Question: Can I file a complaint in full and declare the auction invalid if: 1. I received a notice of the auction from the bailiff on March 16 and March 16 was the last day for submitting applications for participation in the auction 2. yesterday, not a single one was reflected on the electronic site I printed a screenshot of the participant, and today they are 2 participants from somewhere. r.s. Sergey read your answers and is ready to pay for a consultation, for which I can send the docks by e-mail.
Sergey (senior lawyer)
Hello Irina! According to the legislation on enforcement proceedings, a price reduction is allowed twice. A maximum of 2 months is allotted for bidding.
Timur
Good afternoon. The mortgaged apartment was transferred under the assignment agreement to a new mortgagee legal entity 2-3 months before the auction, the mortgagee ceased to exist according to the extract from the Unified State Register of Legal Entities, is the recovery legal if the mortgagee ceased to exist? - Was the pledged property assessed without the presence of the pledger, appraisal and arrest specialist, was it also assessed without a visual inspection and no inventory was made? - When arranging the auction, they did not offer relatives to participate in the auction; - The day before the auction sent an application to suspend the executive decision to the Moscow City Court Tell me, are the auctions legal given the above? Perhaps after the announcement of the winner to protest the auction and figure it out? Is it possible to cancel the auction if, an hour before the auction, the pledgee changes its decision on debt collection and wants to cancel the auction?
Sergey (senior lawyer)
Hello Timur! If the bailiff replaced the pledgee in the enforcement proceedings, then even the liquidation of the recoverer is not a basis for terminating the enforcement proceedings. The circumstances indicated by you do not contain a violation of the law, since the bailiff is not obliged to notify the date of the assessment and invite relatives to take part in the auction, since the message about the auction is published in the media and is public. The possibility of declaring the auction invalid is also after the winner is determined. It is necessary to specifically deal with the available documents and circumstances in order to draw up a motivated statement of claim. It is better to entrust this work to specialists.
Sergei
Good day. I have a question about the arrest and sale of my property. My property was seized and put up for sale. Arrested in February 2017, the first auction took place in June 2017, no one notified me. Due to the refusal to sign the contract by the winner, I do not have information whether the SSP bank offered my property 10% lower, in offset of the debt. Bidding Auction moved to the second stage with a price decrease.Today 01/07/2018. Trading and not to be seen. Accordingly, I understand that the auction was not without the participation of the bank, since the price is reduced by 20, although this is difficult to prove. The next step should be step 3. Where SSP will offer my property to the bank. I also learned through my channels that the bank wants to get 1 of my cars. They refused 3rd parties to redeem my debt. Although this is understandable. The SSP has 2 months to implement. On what basis are the SSPs delaying the togas? Soon a year will pass after the seizure of the collateral, why the car is in one city, the IP documents are in another. And lastly, how to draw up documents and withdraw a car from the pledge, after the expiration of the implementation period? Indeed, after 2 months allocated for the sale of property, the property ceases to be collateral and is returned to the owner. If you have come across this, I would appreciate any help.
Sergey (senior lawyer)
Hello Svetlana! You better call the bailiff service and find out if the auction went through and who was declared the winner. So you will immediately receive reliable information.
Svetlana
Hello!!! Enforcement proceedings were initiated in the bailiff service, where the bank asked to transfer pledged property for auction ... I joined the service not so long ago and work there as an ordinary specialist, I have nothing to do with enforcement proceedings ... I acquired pledged property through public auction real estate ... The first auction was declared invalid due to the lack of applications for participation ... In the second auction, I was recognized as the winner, because I offered a higher price ... All funds were transferred to the account of the Federal Property Management Agency on time, a contract of sale was concluded with the company , which was directly involved in the organization of the auction, all the documents were also submitted to the MFC for entry into ownership ... I found out all the information about the auction on the official website of the "GOV auction" ... At the moment, my child and I are raising my son alone until now we have been living in a rented apartment since the citizen who was the guarantor of the debtor's mortgage does not give the keys and writes various complaints instance ... Can the auction be declared invalid? What should I do in such a situation? Thank you very much in advance!!!
Sergey (senior lawyer)
Hello Svetlana! Bidding may be invalidated within one year if there are the following grounds: someone has been unjustifiably excluded from participation in the auction; at the auction the highest offered price was unreasonably not accepted; the sale was made earlier than the period specified in the notice; other significant violations of the bidding procedure were committed, resulting in an incorrect determination of the sale price; other violations of the rules established by law were committed. So there is a risk in your situation. The only thing you can do is carefully and carefully analyze the circumstances of the auction and establish the possibility of invalidating them on one of the above grounds. So at least you will be ready for a certain turn of events. And you don't have to worry about the guarantor. After receiving the documents for the property, you will have all legal grounds for forcibly expelling the guarantor from the apartment.
Many changes have taken place in the modern residential real estate market in Russia in recent years. First of all, in this section, we will talk about apartments. You can look in our other sections. People and companies buy houses and apartments, then sell them due to various life circumstances. One of the most common circumstances is the bankruptcy of the owner.
We have been assisting in the purchase of apartments at auction for over 10 years.
In our online catalog, we present you the most interesting that is currently available from all over Russia. All objects are carefully and carefully selected by analysts of the investment company No. 1 Invest Bidding. A whole department of analysts is working on this. At the same time, each lot passes a strict filter, and garbage offers are swept aside. Our experts should be trusted.
We put our 10 years of experience at your disposal. We make the risks minimal, and the maximum return on investment for all our customers, each ruble of our commission pays off more than once. Be sure of it.
Apartments put up for auction
Now there are enough offers of different categories and degrees of readiness. The residential real estate market is replete with various objects put up for sale for debts. This abundance, in the eyes of an inexperienced buyer, is extremely difficult, and it can really be difficult to navigate a large number of offers. There is a high probability of making a fatal mistake when buying an apartment on your own through auctions, since there are many different points that the buyer, who may be making such a deal for the first time in his life, does not even know about. With experience, of course, the number of errors becomes much less, but there is always a risk of being left without a deposit or taking substandard junk. In such cases, there is a company InvestTorgi with experienced professionals.
When buying residential premises at an auction of debtors m
We solve problems of any degree of complexity!
Our specialists will help you to buy an apartment in Moscow and the Moscow region at auctions of debtors, as well as throughout Russia, which would meet your wishes in terms of location, area, quality and price, and not make a mistake. Often, apartments put up for auction in bankruptcy are relieved of mortgage encumbrances. As a result, you buy housing, albeit in a slightly more complicated way, but much cheaper than the market price.
The benefit can be up to 30%!
Thanks to this, there is a real opportunity, after a short period of time, to resell the lot already at the market price. It is worth saying that there will be competition at the auction of the most interesting lots, but there is always the possibility of obtaining housing at a discount from the auction. Our company is valued by customers precisely because we achieve the best results even in cases where the situation is out of control.
Unfortunately, there are situations when the experience, money and magic of our specialists are powerless. We inform customers about these rare cases and possible complications in advance. How and where to buy an apartment at auction?
The easiest way is to call us by phone or make a request through the feedback form to our company. Our specialists will take full responsibility for supporting the transaction and cleaning the apartment. This is the easiest and most correct step in this situation.
All the offers that we have selected for you have been carefully selected by our specialists and will please you, first of all, with their validity and availability. As a rule, our proposals can no longer be rechecked. However, there will always be a competitor for the most interesting lots from the auction. It happens that the cost in the process rises almost to the market price, but it all depends on us.
If necessary, our specialists will organize viewing of the object they like, because sites are not obliged, by definition, to provide inspection to everyone. After inspection, you will be able to more fully determine the attractiveness of the lot for investment.
Send a request for transaction support to us, and we will take care of most of the worries. With a probability of 95%, the victory in the auction goes to our customers.
Further, depending on the scope of services, either we, on our own behalf, or on behalf of the customer, conclude an agreement with the bankruptcy trustee. The amount of our commission depends on the volume of services and their complexity..
How is the electronic auction of apartments?
The stages of bidding are the same and are regulated in our case by Law 127 FZ, as amended in 2018. The first are held at the market price. Further, the second stage is the reduction in cost and the offer of confiscated apartments below the market according to a pre-approved price reduction schedule. And the third stage is the holding of public auctions, where the cost is the lowest. You can enter the auction as our customer at any stage, do not forget to coordinate this step with our specialists.
Purchase of confiscated apartments of mortgage debtors.
There are always enough residential properties in circulation that were put up for auction due to non-payment of mortgages. Legally, such an apartment belongs to the bank, and it is not difficult to write out debtors in any amount. With such a sale, the debt to the bank is first repaid from the funds received, the remaining part of the money goes to the debtor and his creditors according to the shares. After the transfer of ownership, the encumbrance is removed. The whole procedure takes a month, at least two. Further, the owner, at his own discretion, disposes of the purchased housing.
In this case, there are a number of pitfalls that can significantly complicate the future life of the owner. Pay special attention to the registration of minors, dependents, disabled people, etc.
Already want to buy a confiscated apartment cheaply?
Come to us! And we will definitely help you. Moreover, we have at our disposal a staff of leading experts in this industry.
Sale of apartments pledged by the bank.
Often, a loan is taken against the security of real estate, which is not returned to the bank. The property is seized from the owner by the court. Such cases in the business environment are quite frequent. In this case, there are features of the procedure for clearing the encumbrance. However, with experience, everything looks not so difficult. As a rule, before giving a loan, the bank checks the object on its own. We will carefully guide you through the entire procedure that will result in winning the auction.
We offer you solutions of any degree of complexity. Thanks to our experience and extensive interaction with leading representatives in various public and government structures, we give you the opportunity to win the auction with a probability of 95%.
Thus, secondary housing in Moscow and the Moscow region gets into our online catalog. To buy a secondary housing in Moscow at a bankruptcy auction, call us at our phone number 8 800-100-3316, or leave a preliminary application. Our specialists will organize a viewing of the object you are interested in with the bankruptcy trustee.
Features of trading and auctions of residential apartments in Moscow and the Moscow region.
Dear visitors of our online resource who have not yet become our partners. Our experts strongly recommend hunting for the lot you like more carefully and responsibly. Do not think that the real estate market is dead and is waiting only for your presence. Every day, our company is approached by investors who are trying to jump into the already departed train of trades. The apartment market in Moscow has always been and remains highly liquid and profitable. If last night the price became very profitable, then the probability that it will be taken at this stage is quite high. Please contact us in advance. There are quite a lot of players on this market who are well versed in the real estate market and will definitely take an apartment with any degree of encumbrance at a favorable price.
Please, contact us in advance!
Our company has a special department that has the tactics and strategy to win the auction with a probability of 95%. Moreover, most of the market players are known to us, and in one way or another we have already crossed paths with them. In view of the emerging competition and the relative maturity of the industry, there are no such cases when he came and bought profitable secondary housing from the auction and there is no competition without competition.
Notify our company before!
For us, an extra day of control over the lot is not at all an extra ten percent in the victory according to the results!
Give yourself an extra chance, and don't give your competitors a chance. We are waiting for you in our office!
Would you like to participate from your city?
We will resolve this issue, but it will take time to agree. We will take care of complex issues in a working order.
Call specialists 8 800 100-3316!
In addition to apartments, secondary housing, and extremely inexpensive.
Call us and we will definitely help you.
Sincerely,
Company No. 1 InvestTorgi bidding and bankruptcy auctions.
More than eight hundred former employees of CJSC Aviation Company Polet, which was declared insolvent (bankrupt) by the decision of the Moscow Arbitration Court dated April 26, 2016 in case No. A40-46614 / 14, are asking for your help and really hope to be heard in this situation due to non-payment of wages payments in the amount of more than 300 million rubles from March 2014 to the present.
We have been trying to return the money we have earned since 2014 to no avail. Many lawsuits were filed in the courts, and the cases were won. On the former general director Karpov A.S. opened and for some reason already terminated the criminal case. To date, no one has received the money.
On March 25, 2015, Polyot airline's air operator certificate was revoked, but the company's management assured that financial problems would be resolved and flights would continue, so the company's employees hoped to the last. Hopes turned out to be in vain, and two years of work of employees remained unpaid.
On April 26, 2016, by the decision of the Arbitration Court of the City of Moscow, a bankruptcy procedure was introduced in relation to the airline. From that moment to the present, Boris Pavlovich, the bankruptcy trustee Litti, manages the airline.
Almost all employees have been laid off due to redundancy, the airline's property has been inventoried and partially appraised for sale. The results are published on the website:
http://bankrot.fedresurs.ru/Me ...
All property of the airline, pledged to RosselkhozBank JSC, has already been put up for electronic auction:
http://bankrot.fedresurs.ru/Me ...
It is obvious that the prices contained in the report of the appraisal company Otsenka-Garant LLC are significantly underestimated. So, for example, the construction of an aviation technical base at Ulyanovsk (Vostochny) airport in 2004-2012 actually cost the airline almost 1 billion rubles, and appraisers estimated a three-story administrative and laboratory building with an area of 1553 m², with a basement, built according to advanced technologies, with a "European-style renovation", with special premises and equipped with the most modern equipment for a total of 22.3 million rubles.
A production building heated by its own boiler house with a total area of 2360 m², equipped with an advanced fire extinguishing system and comprising two ten-ton cranes, four ventilation chambers, four slipways for aircraft engine repair, and also equipped with telphers, huge electric sliding gates and other special equipment (which will have to be recognized inalienable upon sale) of only 17.9 million rubles (and this with a collateral value of 35.4 million rubles!). This building is an entire aircraft factory, because in addition to the usual plumbing, turning and welding sections, there are workshops for modular engine repair and work with composite materials. At the same time, the entire lot was put up for auction for 256.2 million rubles, including an office building with an area of more than 2,500 m² in the city center.
And if it comes to public auction, prices can be reduced by an order of magnitude (less than 100 million rubles for a given lot).
In addition to the property already put up for auction, the main asset of the airline remains the An-124-100 aircraft with an approximate cost of about 1.2 billion rubles (according to an estimate from 2014). There is a significant amount of scarce aviation blocks in the warehouses. They cost a lot too.
With the observed approach of the bankruptcy trustee to the valuation of the airline's property, it should be expected that these assets will also be sold for next to nothing.
In such a situation, the former employees of the Polet airline have nothing to look forward to, they will be left without payment of wage arrears.
Over the past 2016, two criminal cases have already been opened about the loss of the airline's property, and while there is no security at the facilities, the buildings (which contain expensive blocks), special vehicles, vehicles and aircraft are not guarded.
We kindly ask for your help in monitoring the assessment and sale of the property remaining with the airline and paying off wage arrears to all employees.
