On the modern residential real estate market for Russia last years There has been a lot of change. First of all, in this section, it will be about apartments. You can see in other of our sections. People and companies acquire houses and apartments, then sell in connection with various life circumstances. One of the most frequent circumstances is the bankruptcy of the owner.
We help in buying apartments from trading for more than 10 years.
In our online catalog we present you the most interesting thing that is on this moment From all over Russia. All objects are carefully and carefully selected by analysts of the investment company No. 1 Invest Bidding. The whole department of analysts works on it. At the same time, each lot passes a hard filter, and the garbage offers are marked. Our specialists are to trust.
We will provide our 10 years experience at your disposal. We make risks minimal, and the profitability of investments is maximum for all of our customers, each ruble of our commission pays off once. Be sure of this.
Apartments issued for trading
Now sufficient offers of different categories and degree of readiness. The residential real estate market is replete with various objects exhibited for the sale of debts. This abundance in the look of an inexperienced buyer is extremely difficult, and to navigate in a large number of proposals is really not easy. Exists great chance Make a fatal mistake when self-buying an apartment through a bid, since there are many different moments that the buyer may have been making such a transaction for the first time in his life, and does not recognize. With experience, of course, the number of errors becomes much smaller, but the risk of staying without a deposit or take the substandard rhochable is always. In such cases, there is a company of investorming with experienced specialists.
When buying residential premises at the auction of debtors M
we solve questions of any degree of difficulty!
Buy an apartment in Moscow and the Moscow region with trading at the auction of debtors, as well as on the territory of all Russia, which would be suitable for your wishes for location, square, quality and price, and not make an erroneous step - our specialists will help. Often, the apartments put on bankruptcy bidding are delighted with mortgage burden. As a result, you acquire housing, let a little more difficult way, but significantly cheaper than the market price.
Benefit can be up to 30%!
Due to this, it appears a real opportunity, after a short period of time to resell the lot at the market price. It is worth saying that there will be competition at the bidding of the most interesting lots, but the possibility of obtaining housing with a discount with trading is always. Our company customers appreciate precisely that we achieve the best results even in cases where the situation comes out from under control.
Unfortunately, there are situations when experience is powerless, money and the magic of our specialists. We inform customers about these rarest cases and possible complications. How and where to buy an apartment with bidding?
The easiest way to call us by phone or make a request through the form feedback In our company. Our specialists will take all responsibility on accompanied by the transaction and clean the apartment. This is the easiest and right step in this situation.
All the offers that we picked up for you have passed a thorough selection by our specialists and will delight primarily with our validity and accessibility. As a rule, our proposals can already be not rechecked. However, there will always be a competitor for the most interesting lots from trading. It happens that the cost in the process rises almost to the market price, however, it all depends on us.
If necessary, our specialists organize the viewing of the facility, because the site is not obligated by definition to provide an inspection to everyone. After inspection, you can more fully determine the attractiveness of the lot for investment.
Send a request to the maintenance of the transaction to us, and we will take most of the worries. With a probability of 95%, the victory in the auction goes to our customers.
Further, depending on the amount of services, or by our person, or on behalf of the Customer, we conclude an agreement with the competitive manager. The size of our commission depends on the volume of services and their complexity..
How are electronic bid apartments pass?
Stages of trading are the same and regulated in our case by law 127 of the Federal Law with amendments from 2018. The first are held at a market price. Next, the second stage is a decline in the cost and proposal of confiscated apartments below the market for a predetermined price reduction schedule. And the third stage, this is a public lending, where the cost is the lowest. Enter the auction as our customer you can at any stage, do not forget to agree on this step with our experts.
Buying confiscated apartments of mortgage debtors.
In turnover, there are always enough residential facilities that came to auction on non-payment of mortgages. A legally such an apartment is owned by a bank, and debtors are not much difficult to write down in any quantity. With this sale, first of the received funds are repaid by debt to the bank, the remaining part of the money receives the debtor and its creditors according to shares. After the transfer of property rights, the encumbrance is removed. The whole procedure takes a month, in extreme cases two. Then the owner at his own discretion is managed by housing purchased.
In this case, there are a number of pitfalls that can significantly complicate the further life of the owner. Especially pay attention to the recruitment of minors, dependent people, disabled, etc.
Already want to buy a confiscated apartment cheap?
Come to us! And we will help you. Moreover, at our disposal, the staff of leading specialists in this industry.
Sale of apartments in pledge of the bank.
It is often secured by real estate a loan is taken, which the bank does not return. At the court, property is rejected by the owner. Such case in the business environment is quite frequent. In this case, there are features of the procedure for cleaning the burden. However, if there is experience, everything looks not so difficult. As a rule, before giving a loan, the bank checks the object on its own. We will neatly spend you through the entire procedure, the result of which will be a victory at the auction.
We offer you solutions to any degree of complexity. Thanks to our experience and broad interaction with leading representatives in various public and government structures, we give you the opportunity to win in the auction with a probability of 95%.
Thus, our Internet catalog gets secondary housing in Moscow and Moscow region. To buy secondary housing in Moscow with bankruptcy bidders, call us on our phone 8 800-100-3316, or leave a preliminary application. Our specialists are organized with the competitive manager to watch the object you are interested in.
Features of trading and auctions of residential apartments in Moscow and Moscow region.
Dear visitors of our online resource that have not yet become our partners. Our specialists strongly recommend leading the hunt for Lot more carefully and responsibly. Do not think so that the real estate market died and is waiting for only your presence. Every day, investors who are trying to jump into the already departed train of traders in our company are treated. The market of apartments in Moscow has always been and remains highly liquid and profitable. If last night the price became very profitable, then the likelihood that it will be taken at this stage quite high. Please contact us in advance. There are many players in this market that are well oriented in the real estate market and will definitely take an apartment with any degree of burdensome at a bargain price.
A convincing request to contact us in advance!
Our company has a special department, which has the tactics and strategy of victories at bargains with a probability of 95%. Moreover, most market players are known to us, and we have already intersected with them anyway. In view of the competing and relative maturity of the industry, such cases, when, came and bought from bidding beneficially, no secondary housing and no competition no longer.
Report our company before!
For us, the extra day of the lot of control is not at all over a dozen percent in the victory on the results!
Give an excess chance to yourself, and do not give a chance to competitors. We are waiting for you in our office!
Want to participate from your city?
We will solve this question, however, time is needed. We will decide complex questions in working order.
Call specialists 8 800 100-3316!
In addition to apartments, secondary housing, and extremely inexpensive.
Call us, and we will help you.
Yours faithfully,
Company №1 INVESTTORGI Bidding and bankruptcy auctions.
More than eight hundred former employees of the "Flight Aviation Company", recognized by the decision of the Arbitration Court of the city of Moscow dated April 26, 2016 in case No. A40-46614 / 14 insolvent (bankrupt), asked for your help and are very hopeful to be heard in the current salary situation. Payments in the amount of more than 300 million rubles from March 2014 to the present.
We earned money to no avail to return from 2014. There are many lawsuits in courts, and things were won. At the former general director Karpova A.S. The criminal case has already been terminated and for some reason. To date, no one has received money.
On March 25, 2015, the flight of the flight was canceled by the operator's certificate, but the company's management assured that financial problems will be solved and flights will continue, so the company's employees hoped to the last. Hope turned out to be in vain, and two years of work of employees remain unpaid.
On 26 April 2016, the decision of the Arbitration Court of Moscow regarding the airline introduced the procedure for competitive production. From this point on, to the present, the airline is managed by the bankruptcy manager Litti Boris Pavlovich.
Almost all employees are dismissed to reduce the states, the property of the airline passed the inventory and partially an assessment for implementation. Results are published on the site:
http://bankrot.fedresurs.com/me ...
All property of the airline laid in Rosselkhozbank JSC has already been exposed to electronic trading:
http://bankrot.fedresurs.com/me ...
Obviously, the prices contained in the report of the evaluation company "Evaluation-Garant" LLC are significantly understated. For example, the construction of an aviation and technical base at Ulyanovsk Airport (East) in 2004-2012, the airline costs almost 1 billion rubles, and the appraisers were rated the three-storey, with the ground floor of the administrative laboratory building with an area of \u200b\u200b1553 m², built by advanced technologies, with a "renovation", with specialists and equipped with the most modern equipment in just 22, 3 million rubles.
Heated with its own boiler house production case with a total area of \u200b\u200b2360 m² equipped with an advanced fire extinguishing system and having two decadyant taps, four ventilation chambers, four stipels for the repair of aircraft engines, as well as equipped with telhelms, huge drive gates with electric drive and other specificity (which will have to recognize An integral on sale) is only 17, 9 million rubles (and this is at a deposit value of 35, 4 million rubles!). This building is a whole air facility, because in addition to conventional plumbing, turning and welding sections, there are a workshop of modular engine repair and work with composite materials. At the same time, the whole lot is exposed to auction for 256, 2 million rubles, including an office building, an area of \u200b\u200bmore than 2500 m² in the city center.
And if it comes to public bidding, prices can be reduced by an order of magnitude (less than 100 million rubles for this lot).
In addition to the property already put up for trading, the main asset of the airline remains an aircraft type An-124-100 with an approximate value of about 1, 2 billion rubles (according to 2014). In warehouses there is a significant number of scarce aviation blocks. They also stand a lot.
With the observable approach of the competitive manager, the assessment of the property of the airline should be expected that these assets will be implemented for a scentual.
In such a situation, there has nothing to wait for the former employees of the flight of the flight "flight", they will remain without paying wage arrears.
Over the past 2016, two criminal cases are already instituted about the disappearance of the property of the airline, and while there is no guard at the facilities, the building (in which expensive blocks lie), specialists, vehicles and aircraft are not protected.
We are very pleased with your help in implementing the assessment and implementation of the remaining property and repayment of wage arrears in front of all employees.
Mortgage lending is large risks, and today, alas, far from uncommon, when the borrower is not able to pay for the mortgage credit debt, which gives the bank the right to sell a mortgage apartment with trading. In our article, we will tell you how the procedure for the implementation of the laid property provides for the law and how public bidding is held.
Violations of the terms of the contract often entail for a forced measure - evicted from the purchased apartment and the implementation of the object of residential real estate at the auction. How public bidding is held, in which case the trading can be recognized as invalid - read in our article. So, first of all, we note what regulatory legal acts are governed by the implementation of the mortgage property, in particular, the mortgage apartment:
- Article 350. Civil Code RF.
- Federal Law No. 102-FZ "On Mortgage (Pledge of Real Estate)" of July 16, 1998
- Federal Law No. 229-FZ "On Enforcement Proceedings" of 02.10.2007
The initial price for a mortgage object of real estate, was based on the bidding, is determined by the court. In the case of the disagreement of the puzzle (respondent) with the appointed value, it has the right to apply for the revaluation of property, subject to all the necessary services independently (Code of Civil Procedure of the Russian Federation). In case the owner of the deposited apartment does not use the right to revaluation, the object of residential real estate proceeds to the court bailiff service, which was defined in court, for the implementation of public auctions. The initial price of the mortgage property issued for auction is determined on the basis of a property assessment resolution, which is carried out on the initiative of bailiffs. If primary public bidding for the sale of pledged property was recognized as invalid, at repeated trading, the initial selling price of the mortgaged real estate decreases by 15%. Upon entry into force of a court decision on the recovery and recognition of trades conducted by the Judicial Contractor service, for certain reasons, trading can be carried out even repeatedly. And taking into account the constant growth in the property in the real estate market, the owner of the collateral apartment, in a timely manner in a timely manner to an experienced lawyer, may well insist on the sale of property at a higher cost corresponding to this period of time. In case the amounts received from the sale of an apartment from public trades, there is not enough to cover the debt, the mortgagee is entitled to demand to obtain the missing amount from other property of the debtor, in addition to the collateral. If the amount of the sale is higher than the amount of credit debt, the difference must be returned to the pledger. At any time, until the departure of the apartment for public bidding of the mortgaged property, the mortgagee and the mortgagor may stop appealing to this property of recovery by executing debt obligations.
Documents giving the right to implement pledge property 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 collateral property in favor of the pledgee can be drawn:
- on the basis of a court decision issued within the judicial order;
- without contacting the court in the event of a voluntary agreement between the mortgagee and the pledger in.
Executive documents giving the right to recover the subject of pledge and implement it in public auctions are:
- executive sheets presented on the basis of adopted court decisions;
- executive notary inscription if an agreement was reached on an extrajudicial procedure for recovery confirmed by a written contract.
In what cases can not be addressed not the subject of mortgage property
Appeal for mortgage property cannot be admitted 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 requirements of the pledgee is the disproportionate value of the laid real estate object (the size of an unfulfilled obligation is lower than 5% of the assessment of the pledge subject in accordance with the pledge agreement).
The procedure for the implementation of the laid property in public auctions
Sale of mortgage apartments with public bidding is carried out on the basis of ch. 10 of the Law "On Mortgage (Pledge of Real Estate)". Public auction is held by the Federal Bailiff Service at the location of the Posit facility. Before carrying out a bid, the organizer is obliged to inform about it in the printed publication and on the official website of the executive authority no earlier than 30 days and no later than 10 days before trading. The information should contain information about the time, date and place of public bidding for the sale of real estate, the main characteristics of the pledge of the pledge, exposed to the auction, the initial price of the object. Persons who want to become participants in public auction of the mortgaged property should make a deposit whose size is indicated in the notice. The maximum size of the deposit is determined not higher than 5% of the initial selling value of the real estate object to be implemented. Winning auction admits a person who proposed the greatest price for the realized subject of mortgage property. The protocol on the results of published public auctions is signed by the winner and the organizer of the auction. During the five subsequent days, the winning person should make a sutu in full, minus the deposit. The apartment purchase and sale is subscribed within the following five days after making a purchase price in full. The grounds for making an entry into the Unified State Register of Rights to Real Estate and Transactions with Him are the Protocol with the results of conducted public bidding for the sale of real estate and sales contract. In accordance with Art. 58 FZ "About the mortgage (pledge of real estate)" Public bidding of the laid property is recognized as invalid during the day following their conduct, in cases:
- with the participation of less than 2 buyers;
- if the initial selling value of the stored property was not increased due to the participants's allowance;
- if the person who won the bidding has not made the purchase price within the prescribed period.
If public bargains were recognized as invalid, the pledgee has the right to the predominant redemption of the mortgage property in coordination with the mortgagor, taking into account the purchase value of the requirements of the requirements. Redemption is produced on the basis. If public trades are recognized, the mortgagee has the right to leave the property as a pledge object, with an estimate of not lower than 10% of the original amount. The contract terminates if the pledgee did not use his right to leaving the pledge subject within 1 month from the moment that public bidding for the sale of real estate was recognized as reversible.
Vera
Hello, such a question, the Bank filed to the court for the recovery of the mortgage owned property, the court was satisfied at the beginning of 2018, the year passed, the abill was advised to contact the Bank with a request for the global agreement. The judgment of the world agreement rejected. Due to the increase in the amount of debt by the Bank in the World Agreement. And two days ago, people came and said that there will be auction, and the amount is reduced by 15% and trading pass in another city. Do they have the right to reduce the cost of an apartment without a trial? And hold bidding in another city?
Sergey (senior lawyer)
Hello, faith! The court must determine the initial sales value of the apartment. Then she can be reduced if the first trading did not take place due to the lack of buyers. In accordance with Art. 56 Mortgage Law Bidding Mortgage Apartments are held strictly at the location of the apartment. Therefore, it is impossible to spend auction in another place.
Dmitriy
For the mortgage duty, bailiffs hold with salaries. And at the same time put an apartment for auction. Is it legitimate and keep with salaries in the account of repayment of the full amount and put up for auction?
Sergey (senior lawyer)
Hello Dmitry! The legislation does not prohibit the attacks to apply several ways to recover funds from the debtor at the same time. Therefore, such attachment actions are legitimate.
Nataliya
Hello, the mortgage apartment was put on auction, with the initial cost of 1890000, after the time he went to the official website of the auction and the apartment was on sale 1000008 and 865,000 of the same date. No alerts about the auction was not obtained. Is the price reduction legitimate?
Sergey (senior lawyer)
Hello, Natalia! In accordance with Art. 58 Mortgage Act during re-bidding The initial price of property can only be reduced by 15%. Therefore, the price reduction you specified is unlawful.
Natalia.
Hello! I, - the mother of two minor children (son of 7 years old, daughter 5 years old), divorced. In 2016, by decision of the Meshchansky Court of 30.03.2016, executive production was initiated by 208191/17 / 77029-IP dated April 13, 2017. And arrest is imposed on the apartment at:, which is the only housing of my incomplete family with two minor children. Former members of my family, I can not withdraw from registration, since a ban on property transactions and registration actions to solve the Interdepartmental Commission JSC "Houserf" I approved assistance from the state as part of a program of assistance to certain categories of borrowers for mortgage housing loans (loans) , founded in a difficult financial situation approved by the Decree of the Government of the Russian Federation of 20.04.2015 No. 3. See Appendix C.3. in the amount of 3,000,000 rubles. In accordance with the Decree on the transfer to the sale at the auction of 03/26/2019 No. 77029 / 19/2718725. Sleep: Baranov Kirill Lvovich, as well as on the act of transfer to trading dated 25.04.2019 No. B / N. SPI: Baranov Kirill Lvovich Our only housing was transferred to the organizer of Trura LLC, TIN 7751138326, CAT 775101001. The first only took place on 05/24/2019. (Notice L1 / 19/16 / Bab-25 260419/34117922/07 Lot 1) in accordance with paragraph 4 of Article 292 of the Civil Code Russian Federation The alienation of the residential premises in which members of the family of this residential premises are living under guardianship or guardianship, or the members of the family of the owner who are known without parental care (which is known for the guardianship and guardianship authority), if the interests of these persons are affected or protected by law, allowed With the consent of the guardianship and guardianship authority. According to the head of the department of guardianship, guardianship and patronage of the area, consent to the alienation of the residential premises - the apartment was not given to the apartment organizer of Trura LLC. Accordingly, the bidders took place on 24.06.2019. A 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 on the Protection of Rights of the Child requires the States Parties, which is Russia, the ban on the cruel, inhuman and degrading treatment of the child. The deprivation of a child of the only housing, suggests that the child will be either thrown into the street, or deprived of his parents. Observing its obligations under the currency mortgage bank received ~ 200,000 dollars from me from 2007. in 2018 (1556 * 5 * 12 + 49000) +55000 TOTAL: Now it is at the rate of 1 $ \u003d 65.16 rubles. - 13 032 000 rub.-Const / fact. According to the executive production 208191/17 / 77029-IP of 04/13/2017. The bailiff is put up for trading on behalf of / noting L1 / 19/16 / Bab-25 Lot 1 260419/34117922/07. Starting price 9 060 000 rub. - Const / fact. In June 2017, due to the actions of the VTB Bank, at the departure of the only housing, I was attempted suicide -Fact, as a result of what I am taking into account the PND. Currently, VTB Bank on my part is offered a way out of the situation: 1. Fixing the fact that the debtor has already given the bank of ~ 200,000 US dollars. 2. Formation by the Bank of the Statement in FSSP on the termination of IP 208191 / 17/77029-IP of April 13, 2017. in relation to the debtor. 2. Determination of 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 to the debtor's health, as a result of the actions of the bank on the departure of the only housing at my incomplete family with two minor children. b) the sum of the new mortgage agreement 2,856,000 rubles. In accordance with the report of the judicial expert - the appraiser I provided earlier. 3. Repayment of mortgages in the account of assistance from the state as part of a program of assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation approved by the Decree of the Government of the Russian Federation from 20. 04.2015 N 3. See Appendix C.3. - 3,000,000 rubles. (Appeal to Dom.rf, as well as an appeal to the Prime Minister of the Russian Federation Medvedev D.A. In defense of the family with a description of the ongoing obscurantism, directed). I want to draw your attention to the video "Putin: Currency mortgages need to help" on YouTube https://youtu.be/a5ni-j19ocm where it is clearly told by the President of the Russian Federation Putin V.V.: "Do not evict from the only housing of the debtors" I will be grateful for the effective Tips and consultations on my situation. Sincerely, Merceeva Natalia Alexandrovna.
Waiting for checks
Yulia
Hello! I have a few questions: 1) What is the eviction procedure after, bidding took place? 2) How legitimately sell an apartment from bidding, if there is a second staitel, and to present the courts go?
Sergey (senior lawyer)
Hello Julia! 1. Usually, new owners in writing notify the former owners about the timing when they need to leave housing. If they do not evaporate themselves, then new owners have the right to use police officers and force former owners. 2. To solve this issue, it is necessary to study the documents, since under certain circumstances it is allowed to satisfy the requirements of the initial mortgagee. But as a general rule, the requirements of the initial mortgagee have priority compared to the requirements of the subsequent mortgagee.
Gulmira
Hello! 08/05/2019 passed the second bidding of my house laid down in the bank, the buyer appeared, the balance of money was not yet. Can I repay the bank in these five days and remove the house from the arrest? Or is it too late?
Sergey (senior lawyer)
Hello! Unfortunately, time has already gone. You could fully repay the debt until the sale of the stamped home, and since the auction has already taken place, then, therefore, you no longer have such an opportunity.
Ilya
Hello. I am a pledger - the apartment is the only housing. The borrower regularly pays and in the future it will also regularly pay. (This loan is 580 tr.) I apply to bankruptcy in its non-target loans 800 tr and not secured. Question. What will be presented to the borrower. What is the fate of the only housing? If there are auction .. how much% can reduce the price? (Market 3.4 million House Stalinka, tried to sell himself and do not buy for 2.7 million.)
Sergey (senior lawyer)
Hello, Ilya! The apartment will refer to the property of bankrupt and will be sold at the auction. The order of trading, including the cost of the implementation of the apartment, if they are conducted within the bankruptcy procedure are determined by the competitive lender. But at the same time, according to the law, during re-trading, the initial selling price of property is reduced by 10%.
Karina
Hello! Tell me, please, how many times can public borders be carried out, provided that the previous bidding failed to the same property? The law says that after the failed second bidding, the bailiffs offer the bank to accept property with a reduction in cost by 25% on the balance sheet. If in this situation the bank will refuse whether to hold third, fourth auction? Or the property will come back to me? If the property returns to me, how will the debt be charged if I do not have the opportunity to repay it within 5 days?
Sergey (senior lawyer)
Hello, Karina! In accordance with Art. 58 of the mortgage law, if within one month after declaring re-trading, the bank will not leave the apartment at home, then the mortgage stops. But this does not mean that your debt will disappear. It will be charged in general in order through bailiffs, but now the apartment will not be able to withdraw to debt.
Alexei
Hello. There is a mortgage loss in 1mln900t r, the apartment is already put up for repeated auction (2 million), the bidding 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 pay my lord now and not worry that the apartment will leave at bargaining.?
Sergey (senior lawyer)
Hello, Alexey! Based on Art. 60 of the mortgage law you can at any time before selling the apartment to pay off debt. Therefore, you can completely freely send free money to repay the debt and thereby free apartment from the sale with trading.
Elizabeth
My apartment was sold at the first bidding. I have been suspended after me a few days after trading with an administrative case in relation to the action of baits. Bailiffs the procedure for removing the arrest and transfer money to the bank is suspended. However, the buyer does not wait for the transfer of property to the apartment and changed the castles to do in this situation. Police does not want to interfere.
Sergey (senior lawyer)
Hello, Elizabeth! In the actions of the buyer, there are signs of the crime, provided for by Art. 330 of the Criminal Code, that is, self-government. Therefore, write an official statement on the involvement of the buyer to criminal liability, with refusal - appeal it to the prosecutor's office and to court.
Marina
The court decided to arrange collateral real estate on public bidding. Loan taken from an individual. Decorated as a loan-cub (mortgages). Consumer loan, not a zejeva. It was not taken for the purchase of housing. The loan was taken on the guarantee of his own housing, which is the only one. That the fact that housing is the only argument by the court (EMRN extrusion and lack of permanent registration). What else can you prove that the housing is the only thing 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. The other thing is that the apartment was laid, that is, it is mortgage, therefore, it is possible to recover, regardless of whether the apartment is the only one or not the only housing.
Marina
The court decided to arrange collateral real estate on public bidding. The fact that housing is the only argument by the court (EGRN extract and the lack of permanent registration). What else can you prove that the housing is the only thing and what to do in this situation?
Sergey (senior lawyer)
Hello, Marina! If we are talking about a mortgage apartment, then recovery can be drawn on it, even if it is the only housing for the debtor. This is the provision of legislation. We must negotiate with the bank about the provision of refinancing, installments, etc. You can also offer the bank to leave an apartment for him to fully repay the debt.
Ivan.
The court awarded to terminate the loan agreement with the bank and sell a mortgage apartment with trading. If there is another 3rd part of Rosvännipotek in the ownership of the ownership of the ownership and there is no complaints to me, but at the same time, too, is rudely speaking by the owner, how will the bidding be held and how the apartment will 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 an apartment, then it must be executed. After all, no one canceled the requirements of the Bank on the repayment of debt due to the laid apartment. Therefore, in general, it can be assumed that trading will be held in accordance with the terms of the loan agreement and the provisions of the current legislation.
Maria
Good day! Apartment, bought at the auction. Nobody lives in it, but there are things for the previous owners (furniture, appliances), after the entry into the property appealed to eviction and statement. The decision came into force in terms of extracting and recognition by invalid use. In eviction, the court refused, because no one lives in the apartment, and things are not a reason for eviction. The former owner does not take things, says that will challenge bidding. What should I do with things? I can not enter and live, because I can't bring my things. And his things have the right to throw away?
Sergey (senior lawyer)
Hello Maria! You have the full right to throw out things the former owner, as the apartment is in your property and you have the right to eliminate any obstacles to legitimate use and ownership of the apartment.
Alexander
Hello! Acquired a plot at the auction of the arrested property, after paying the amount, signing the contract of sale and transfer of all documentation on the site, it turned out that the debtor paid all the debt bailiffs (after trading). What is better to do in this situation?
Sergey (senior lawyer)
Hello, Alexander! Bidding already took place and can only be canceled in court, and cashAnnounced by the previous owner must be returned to him. Therefore, you can continue to continue the execution of ownership of land.
Svetlana
Good day! Tell me what procedure is the preparation of recovery on the subject of mortgage between individuals by court decision if the mortgage subject is currently registered for the third party? Do you need an apartment for trading to be registered in the debtor?
Sergey (senior lawyer)
Hello Svetlana! As a general rule, it is possible to pass only the property that is owned by the pledger. If the debtor sold the subject of the collateral, then it is possible to pay for the recovery large number Nuances prescribed in legislation and pledge agreement. The situation can develop in different ways: the deposit may stop at all, it will become obliged new ownerYou may require early fulfillment of secured obligations.
Ruslan
Hello!!! The court made a decision which set the initial value of the apartment laid (by mortgage) in 740 thousand rubles., The first bidding for the sale of housing was recognized not consistent. The bank makes an examination on the grounds of which the price of the selling apartment, allegedly the market, falls to 440 thousand rubles (three-room) and asks the court to reduce the sales price by 20%, that is, up to 340 thousand rubles. The court again agrees with the Bank and makes a definition of reducing the sale price to this amount. As far as it is legitimate, it is necessary to appeal. The amount of debt collection itself from the debtor is just 740 thousand rubles, therefore 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! Od time, the court decided to establish a selling price, then it is necessary to appeal this decision to attract the conclusions of other experts. Also examine your mortgage agreement for establishing how it is necessary to determine the price of the apartment when it is selling at the auction.
Svetlana
Good day! Our apartment left the bidding, the winners of the auction gave time to the export of our things from the apartment. Tell me, please, how is the transfer of keys from the apartment? What documents need to demand from the winner of the bidding to make sure that he has the right to property, does the presence of a bailiff or lawyers?
Sergey (senior lawyer)
Hello Svetlana! The procedure for transferring keys to the winner of the auction in the legislation is not registered. This means that this should be solved in accordance with the Agreement of the Parties. If there are doubts about the rights of the winner of the trading, you may require an extract from the registry confirming the ownership of a person to the apartment, and his passport. The presence of a lawyer and the attachment in such a situation is not required.
Nina
Good day! My husband and I have been debtors on the mortgage, was a court, a decision was made to sell an apartment through trading. The initial amount was determined over two million, the debt of our bank is about a million nine hundred rubles. Tell me, bailiffs will still evaluate its cost or is it already established value, once there is a court decision? And is it necessary to dissolve a contract with the bank so that interest on the mortgage do not drip out, or is it automatically terminated due to the solution? Will we have to the bank? We have a studio apartment on the first floor, Khrushchev. Apartments in such a house, the third floor even cost about one and a half million rubles. In the bank they assure that the apartment will simply go to the balance and we must not
Sergey (senior lawyer)
Hello, Nina! The initial selling price is determined by the court decision, the bailiffs can no longer change it. The contract must be terminated, because until the sale of an apartment with trading a mortgage agreement continues to operate. You will not need anything to the bank provided that it is enough to repay the debt of funds reversed from the sale of an apartment with trading.
Elena
Good day! The question is, judicial proceedings, the Bank filed a lawsuit on the termination of the mortgage agreement and the recovery of debt by implementing the pledge. The mortgage house was reconstructed without the consent of the bank, the second floor was erected and the house area increased from 86 square meters for 200.5 kV (i.e., unauthorized construction). The bank made an assessment on the old parameters and estimated in 3 ml (more -80%) at the same time, experts unsubscribed that access to the house was limited, our debtors were not notified, the real cost is about 6 ml. The judge does not accept our objections about the non-compliance of the area since there is no data in Russia now we have a new technical plan of the building and a statement of claim for legalization of reconstruction whether the judge can ignore and determine the initial selling cost on 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 assessing the house can be separately provided in the contract. In addition, the judge is guided by the provisions provided by the Bank in the form of an appraiser. You can challenge it and provide your conclusion. You need to spend your evaluation expertise now.
Radik
The removal of collateral from real estate after bidding did not pay a mortgage, the decree of the apartment is put up for auction of the Federal Property Management Agency. It is possible that the sums of the bidded at the auction will not be enough to fully pay off all debts in front of the bank. Does the bank obliged in this situation to remove the deposit from the apartment and does it not make the demand for the repayment of the remainder of the debt to the new owner? Thank you
Sergey (senior lawyer)
Hello! The departure of the apartment stops from the moment of its sale with trading and finding it the new owner. In accordance with Part 5 of Art. 61 mortgage law, if the amounts from the sale of the apartment turned out to be not enough, the debtor is not obliged to pay anything, provided that his responsibility is insured, but if the bank's responsibility insurance is insured. If a this condition Not complied with, in the meaning of the law, the Bank can recover the balance of debt from the debtor.
Anastasia
Hello! Tell me please if the first trading was recognized as invalid how long is there to provody second bidding?
Sergey (senior lawyer)
Hello, Anastasia! If we are talking about the sale of a mortgage apartment, then re-trading must be carried out no later than one month after the first bidding.
Oksana
Good day! Conducted a mortgage lender - Sberbank public bidding for the sale of the developer's apartments, I am recognized as a winner, paid to the amount fully under the contract, the ownership is registered, after which the object is sold to a third party. Another lender (not collaborated) is served about the recognition of trading invalid .. In case of satisfaction of the requirements, the return of property is possible in the competitive mass or will they come to me with the requirements for the recovery of losses .. But me also paid the amount into the competitive mass ..? If a restitution is applicable, the return of funds comes from current payments or after the satisfaction of all creditors' claims?
Sergey (senior lawyer)
Hello, Oksana! In case of recognition of the concluded contract of sale by invalid, all parties received by the parties should be returned in full. That is, you should get paid money. Your requirement can be recognized by the current payment and to pay out of the queue due to the competitive mass.
Elena
Good afternoon, please tell me the decision of the court to appeal to the mortgaged property (apartment), the first bidding was recognized as invalid, on the basis of this the mortgagee filed documents for registration of ownership of the apartment, re-trading were not declared and were not conducted. Is it legitimate? Does re-bidders necessarily? (The contract is spelled out that the pledgee can leave the property after the first trades failed).
Sergey (senior lawyer)
Hello, Elena! In accordance with Art. 59.1. The mortgage law is allowed to leaving the apartment by the bank. In general, the parties in the mortgage agreement are entitled to provide for the procedure for the implementation of the laid property when recovering it. So carefully read the mortgage contract and determine what further order Action in it is provided.
Anna
Good day! A contract was concluded with the bank for the provision of a credit line. With security contracts for the collateral of real estate. On the day, the repayment of the loan agreement was revoked by the license, introduced competitive production. The competitive manager challenged payments and a court definition was restored in the amount of 10 mil. rub. Subsequently, the bankruptcy trustee put on a bidding of a lot under the lot pointing that the debt was sold to the court definition. The debt was bought, and the bank concluded a contract for the assignment of the rights of claim. The contract also indicates that the rights are transferred by the court definition, and the definition is only said that to restore the debt in the amount of 10 miles. Rub. But according to the text of the contract, the rights to interest, fines, for the recovery of real estate are transmitted. Now the requirements of a new lender are legitimate, as the debt was transferred to the definition of the court, and not on the loan agreement. And only a debt of 10 mil was put on the auction. Rub.
Sergey (senior lawyer)
Hello Anna! The rights of debt claims can be transferred to a third party and without the consent of the debtor. Given that all this happened in the framework of the bankruptcy procedure, it is quite natural that only the court can take such a decision. But you still need to watch documents for the right legal registration of the debt translation procedure.
Vyacheslav
Good day! I entered into a cessia agreement with Sberbank on the assignment of the rights of claim. You are e. They gave me a mortgage apartment and the debt on the man's mortgage that hides. In this case, an executive list was issued on the recovery and conduct of public auction to this object of real estate. In what order to do to me, so that this deposit has moved to my use. Those. The apartment in all rights has become mine. I am legally not competent and got involved in such an adventure.
Igor Ketov
I won the lot in bankruptcy bidding. Public offer of agricultural machinery. Does the preemptive right apply on such bidding? If so, what time is the Bid Organizer should send me a proposal to sign an agreement? Immediately or after the proposal to persons with preferential right?
Sergey (senior lawyer)
Hello, Igor! When selling agricultural machinery, the preemptive right to buy on bankruptcy trades belongs to agricultural producers. If bargains were already held in which non-agricultural producers took part, then it was already a proposal for the purchase of equipment. Therefore, since you won a bidding, the proposal to conclusted the contract should be sent to you in the deadlines established by the legislation.
Igor Ketov
Sergey, thank you very much !!!
Catherine
Tell me please, after the bank after two traded real estate on the balance sheet, will there be any claims to the debtor or all the claims are completed?
Sergey (senior lawyer)
Hello, Catherine! If the cost of property is enough to repay the entire amount of the debt, then there will be no complaints to the debtor from the bank. But if the cost of the arrested property is not sufficient to meet all the requirements of the bank, the debtor will have to satisfy the data of the claim.
Yulia
Good day. Help express the law. What does the existing law mean? What does the price mean at the auction? At what period can be used by the lendy right? Is it possible to take advantage of the extended right in the public sentence, at the last stage without submitting an application for participation in the auction on the ETP? What to do the winner in this case, if he won the bidding, and he comes to him that IP ..., took advantage of the extended right?! Help understand please.
Sergey (senior lawyer)
Hello Julia! The predominant right means priority in anything compared to other persons. The price installed at the auction is the smallest price proposed by some of the bidders. To respond to the last question, it is necessary to study all trading materials to find grounds for challenging trading results.
Nikolai
Hello, we want to buy from the bandentvizability that they did not bought on the first and second open auction. Bidding took place, concluded, and the money was not made. The other day public bidding was held. Soaked in 3 place at a price. Today I called Bankex offer to buy real estate direct. Be sure to wait 5 days to conclude a contract and 30 days to pay, so that the creditor-bank takes the real estate and sold it directly under the sale contract. The bank is the only lender, and he applied to bankruptcy and put his competitive. Can the owner of this property submit to the court about not the legal sale of this property? The cost of the purchase will be two times higher than the sale price of lot.
Sergey (senior lawyer)
Hello, Nikolay! The possibility of selling the mortgage subject to third parties should be provided in the mortgage agreement. Therefore, if there is no such position in the contract, then the pledger is able to challenge the bank's actions on the sale of real estate facility not at the auction, but a third party directly.
Oleg
Good evening! I am a mortgagor on a loan agreement, that kroad loan disappeared. At my mortgaged property made recovery through the court. Three trading was held, which were considered not consistent. Announcements on bidding were posted in the newspaper and on the site, and the protocols that bidding did not take place anywhere were not placed. Prompt from what time the bank begins to calculate the month, to pick up it on the balance. Or you can contact the court with a statement that the mortgage stopped
Sergey (senior lawyer)
Hello, Oleg! This period begins to be calculated from the moment the last decision on the recognition of trades failed.
Vladimir P.
Good afternoon!. The bank via the court demanded the return of the remaining amounts for the delay for the mortgage. I can not. How much time is given to the bank to hold a bidder or pick up for balance.?
Sergey (senior lawyer)
Hello, Vladimir! The timing of trading in the legislation is not defined, therefore, at the discretion of the Bank, if there is an appropriate judgment and compliance with all other necessary conditions.
Elena Vasilyeva
Sergey (senior lawyer)
Hello, Sergey! In enforcement proceedings, there is a phenomenon as a succession when another organization comes to the place of liquidated organization - its successor. For the replacement of the parties in the enforcement proceedings, a court decision is usually required. Therefore, most likely, the new bank has fulfilled all the necessary formalities for entering into enforcement and trading can continue further.
Olga
Good day! I FIZ Face In 2015 entered into a mortgage agreement 1.5 million crescent with Sberbank, the guarantor is not at the commercial loan of JUR. LICE 15 million. In 2016, YUR person stopped paying the loan. I led negotiations with the bank about the redemption of my apartment and introduced 1 million rubles to the bank. However, six months after my 1 million, the arbitration of a loan of the loan of 9 million, the arbitration court ruled on the appeal of the recovery on my apartment and the property of the remaining pledgers. Smoked to court with a claim to the bank for recovery of 1 million. The court's decision - an appeal was submitted in satisfaction. I also again turned to the bank with a statement about redemption of my apartment - not considered. Today, trading took place - someone won. Question: Can I submit a complaint to the FAS and recognize the bidding invalid if: 1. Notice of auction from the bailiff received on March 16 and on March 16, there was the last day of filing applications for participation in the auction 2. Yesterday it was not reflected on the el.port The participant printed the screenshot, and today they are 2 participants from somewhere. R.S. Sergey read your answers ready to pay consultation for something I can send docks by email.
Sergey (senior lawyer)
Hello Irina! According to the executive proceedings, the price is reduced twice. A maximum of 2 months is given to the auction.
Timur
Good day. The laid apartment passed under the contract agreement on a new mortgagee legal entity 2-3 months before the bidding, the pledgee ceased to exist according to the statement of the register, is it legally recovery if the pledgee has ceased to exist? -Wended property is rated without the presence of a pledger, an assessment and arrest specialist, and did not appreciate without a visual inspection and was not invened? - when assigning trades, did not propose to participate relatives in the auction; - The day before the auction passed a statement about the suspension of the executive decision to the Moscow City Court, tell me whether the bid is legally given the above? Perhaps after the announcement of the winner to protest trading and figure out? It is possible to abolish the auction, if an hour before trading a mortgagee will change the decision to recover the debt and wants to cancel the auction?
Sergey (senior lawyer)
Hello, Timur! If the bailiff replaced the mortgagee in the enforcement proceedings, even the elimination of the recoverer is not a basis for termination of enforcement proceedings. The circumstances of these circumstances do not contain violations of the law, as the bailiff is not obliged to notify the date of the assessment and to offer relatives participated in the auction, since the bidding report is published in the means mass media And is public. The possibility of recognizing trading is invalid and after the winner is determined. It is necessary to specifically deal with the available documents and circumstances to make a motivated statement of claim. This work is better to assign specialists.
Sergey
Good day. I have a question about the arrest and realization of my property. The property was arrested and put up for sale. In February 2017, the first trades took place in June 2017, no one was informed. Due to the refusal to sign the contract with the winner, I have no information offered by the SSP Bank of my property 10 below, in a debt offset. Bidding the auction passed into the second stage with a decrease in price. Today is 07.01.2018. Bidders and not see. Accordingly, I understand that bidding was not without the participation of the bank, since the price declines to 20, although it is difficult to prove. Next must be 3 stage. Where SSP will offer my property to bank. I also learned on my canals that the bank wants to get 1 of my cars. They denied 3m people to buy my duty. Although it is understandable. SSP 2 months for implementation. On what the foundation of the SSP is delayed, the triggers soon will be held after the crown of the mortgage property, why cars in one city, IP documents in another. And last, how to make documents and bring the car from the pledge, over the expiration of the implementation of the implementation? After all, after 2 months allocated to the realization of the property, the property ceases to be mortgaged and returns the owner. If you encountered this, I will be glad to any help.
Sergey (senior lawyer)
Hello Svetlana! It is better for you to call the bailiffs service and led led hobs and who was recognized as the winner. So you immediately get reliable information.
Svetlana
Hello!!! In the service of bailiffs, enforcement proceedings were initiated, where the bank requested a mortgage property for auction ... I came to the service not so long ago and I don't have a regular specialist there, I have nothing to do with the executive production ... by public trades I have acquired a mortgage Real estate ... The first auction was recognized as invalid due to the lack of applications in participation ... In second trading, the winner recognized me, because he offered the price above ... Were translated all money to the account of the Federal Property Management Agency, a contract of sale was concluded with the company , which directly engaged in the organization of trading, all documents in the IFC are also commissioned for entry into the right of ownership ... All information about bidding learned on the official website "Gov Trading" ... At the moment, I am with a child I bring one's son to this We live on a rented apartment, as a citizen who was a guarantor on the mortgage of the debtor, does not give the keys and writes complaints Instances ... Can acknowledge voids invalid? How do I enroll in such a situation? Thank you in advance !!!
Sergey (senior lawyer)
Hello Svetlana! Trading can be recognized as invalid for one year with the following grounds: anyone was unreasonably removed from participation in the auction; At the auction, the highest proposed price was not adopted; The sale was made previously specified in the sentence; There were other significant violations of the bidding procedure, which caused incorrect definition of the sale price; Other violations of the rules established by law were allowed. Therefore, there is a risk in your situation. The only thing you can take is carefully and carefully analyze the circumstances of the trading and establish the possibility of recognizing them invalid according to one of the above grounds. So you will at least be prepared for a specific turn of events. And about the guarantor you can not worry. After receiving the documents to the property, you will have all the legitimate grounds for the power limit of the guarantor from the apartment.
