Competitive bidding for the sale of property AK flight. AK "Polyot", Who will say what? In what cases can a non-collateral property be foreclosed?
Mortgage lending carries great risks, and today, unfortunately, it is not uncommon for a borrower to be unable to pay the mortgage debt, which gives the bank the right to sell the mortgaged apartment at auction. In our article we will talk about the procedure for the sale of pledged property provided by law and how public auctions are held.
Violations of the terms of the contract often entail a forced measure - eviction from the purchased apartment and the sale of residential real estate at auction. How public auctions take place, in which case the auction can be declared invalid - read in our article. So, first of all, let us note what legal acts regulate the sale of mortgaged property, in particular, a mortgaged 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 October 2, 2007
The initial price for a collateral property put up for auction is determined by the court. If the mortgagor (defendant) does not agree with the assigned value, he has the right to petition for a revaluation of the property, subject to payment for all necessary services himself (Civil Procedure Code of the Russian Federation). If the owner of the mortgaged apartment does not use the right to revaluation, the residential property is transferred to the Bailiff Service at the cost that was determined in court for sale at public auction. The starting price of collateral put up for auction is determined on the basis of a resolution on the assessment of property, which is carried out on the initiative of bailiffs. If the initial public auction for the sale of the pledged property was declared invalid, at the repeated auction the initial sale price of the pledged real estate is reduced by 15%. When a court decision on collection comes into force and the auctions held by the bailiff service are declared invalid for certain reasons, the auctions can be held more than once. And given the constant growth of property on the real estate market, the owner of a mortgaged apartment, having promptly contacted an experienced lawyer, may well insist on selling the property at a higher value appropriate for a given period of time. If the amount received from the sale of an apartment at a public auction is not enough to cover the debt, the mortgagee has the right to demand the receipt of the missing amount from other property of the debtor, in addition to the collateral. If the amount from the sale is higher than the amount of the loan debt, the difference must be returned to the mortgagor. At any time before the apartment is put up for public auction of the pledged property, the pledgee and the pledgor may stop foreclosure on this property through the execution of debt obligations.
Documents giving the right to sell pledged 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 pledged property in favor of the pledgee can be applied:
- on the basis of a court decision made within the framework of a judicial procedure;
- without going to court if a voluntary agreement is reached between the pledgee and the pledgor in .
Executive documents giving the right to collect the pledged item and sell it at public auction are:
- writs of execution submitted on the basis of court decisions;
- a notary's writ of execution, if an agreement on out-of-court collection has been reached, confirmed by a written agreement.
In what cases can a non-collateral property be foreclosed?
Foreclosing on collateral property cannot be allowed if:
- the violation of the debt obligation was extremely insignificant (the period of late 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 pledged property according to the pledge agreement).
The procedure for selling pledged property at public auction
The sale of mortgaged apartments at public auction is carried out on the basis of Chapter. 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 holding an auction, the organizer is obliged to inform about this 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 the auction. The information must 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, and the starting price of the object. Persons wishing to become participants in public auctions of pledged property must make a deposit, the amount of which is indicated in the notice. The maximum amount of the deposit is determined not to exceed 5% of the initial sale price of the property to be sold. The winner of the auction is the person who offers the highest price for the collateral item being sold. The protocol on the results of the public auction is signed by the winner and the auction organizer. Within five subsequent days, the winning person must pay the amount in full, minus the deposit. The apartment purchase and sale agreement is signed within 5 subsequent days after the purchase price is paid 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 purchase and sale agreement. In accordance with Art. 58 of the Federal Law “On Mortgage (Pledge of Real Estate)”, public auctions of pledged property are deemed invalid on the day following their holding in the following cases:
- with the participation of less than 2 buyers;
- if the initial sale price of the pledged property was not increased due to a premium by the participants;
- 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 priority redemption of the pledged property in agreement with the pledgor, taking into account the demands put forward for execution in the purchase price. The 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 pledged item, with a valuation of no less than 10% of the original amount. The agreement terminates if the pledgee does not exercise his right to retain the subject of pledge within 1 month from the moment when the public auction for the sale of real estate was declared invalid again.
Faith
Hello, such a question, the bank filed a lawsuit to foreclose on the mortgaged property, the court granted it at the beginning of 2018, a year passed, the bailiff advised me to contact the bank with a request for a settlement agreement. The court rejected the settlement agreement. 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 an auction, and the amount would be reduced by 15% and the auction would take place in another city. Do they have the right to reduce the price of an apartment without going to court? And hold auctions in another city?
Sergey (senior lawyer)
Hello, Vera! The court must determine the initial sale price of the apartment. Then it can be reduced if the first auction did not take place due to a lack of buyers. In accordance with Art. 56 of the Mortgage Law, auctions for the sale of mortgaged apartments are held strictly at the location of the apartment. Therefore, according to the law, it is impossible to conduct auctions elsewhere.
Dmitriy
For mortgage debt, bailiffs deduct wages. And at the same time they put the apartment up for auction. Is it legal to withhold from wages to pay off the full amount and put it up for auction?
Sergey (senior lawyer)
Hello Dmitry! The legislation does not prohibit bailiffs from simultaneously using several methods of collecting funds from the debtor. Therefore, such actions of the bailiffs are legal.
Natalia
Hello, a mortgaged apartment was put up for auction with an initial price of 1,890,000, after a while I went to the official auction website and the apartment was on sale for 1,000,008 and 865,000 on the same date. No bid notifications were received. Is this price reduction legal?
Sergey (senior lawyer)
Hello, Natalia! In accordance with Art. 58 of the Mortgage Law during repeated auctions, the initial price of the property can be reduced only by 15%. Therefore, the price reduction you indicated is unlawful.
Natalia
Hello! I am the 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 were initiated 208191/17/77029-IP dated April 13, 2017. and an apartment was seized at the address: , which is the only home for my single-parent family with two minor children. I cannot deregister former members of my family, since a ban has been imposed on transactions with property and registration actions. By decision of the interdepartmental commission of JSC Dom.rf, I was approved for assistance from the State within the framework of the program of assistance to certain categories of borrowers for mortgage housing loans (loans) who find themselves in a difficult financial situation, approved by Decree of the Government of the Russian Federation of April 20, 2015 N 3. See Appendix, paragraph 3. in the amount of 3,000,000 rubles. In accordance with the Resolution on 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 for auction dated 04/25/2019 No. b/n. SPI: Baranov Kirill Lvovich Our only housing was transferred to the auction organizer LLC TERRA, INN 7751138326, checkpoint 775101001. The first ones only took place on May 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 of the Russian Federation, the alienation of residential premises in which the family members of the owner of this residential premises live under guardianship or trusteeship or the remaining Without parental care, minor members of the owner's family (which is known to the guardianship and trusteeship authority), if this affects the rights or legally protected interests of these persons, is allowed with the consent of the guardianship and trusteeship authority. According to information from the head of the department of guardianship, trusteeship and patronage of the district, consent to the alienation of residential premises - an apartment - was not given to the auction organizer, TERRA LLC. Accordingly, the auction took place on June 24, 2019. were carried out in violation of the legislation of the Russian Federation, namely clause 4 of Article 292 of the Civil Code of the Russian Federation. The International Convention on the Rights of the Child requires state parties, such as Russia, to prohibit cruel, inhuman and degrading treatment of a child. Depriving a child of his only home allows us to assert that, by the will of the state, the child will either be thrown out onto the street or deprived of his parents. 16 rub. - 13,032,000 rub.-const/fact. For enforcement proceedings 208191/17/77029-IP dated 04/13/2017. The bailiff put the apartment up for auction by order/notice L1/19/16/Bab-25 Lot 1 260419/34117922/07. Starting price RUB 9,060,000 - const/fact. In June 2017, due to the actions of VTB Bank to take away my only home, I attempted suicide - fact, as a result of which I am registered as a PND - fact. Currently, I have offered VTB Bank a way out of the situation: 1. Recording the fact that the debtor has already paid the bank ~200,000 US dollars. 2. Formation by the bank of an application to the FSSP for termination of IP 208191/17/77029-IP dated 04/13/2017. against the debtor. 2. Determination of the amount of the new loan, which is - 6,975,000 rubles, where a) Own “forgiveness from the bank” - - 3,909,000 rubles. as compensation for damage caused to the debtor’s health as a result of the bank’s actions to take away the only home from my single-parent family with two minor children. b) The amount of the new mortgage agreement is RUB 2,856,000. in accordance with the report of the forensic expert - appraiser, which I provided earlier. 3. Mortgage repayment against assistance from the State within the framework of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, approved by Decree of the Government of the Russian Federation dated April 20, 2015 N 3. See Appendix, paragraph 3. - 3,000,000 rub. (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, describing 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 Where the President of the Russian Federation V.V. Putin clearly said: “Do not evict debtors from the only housing” I would be grateful for effective advice and consultation on my situation. Sincerely, Mersheeva Natalya Aleksandrovna.
Awaiting review
Julia
Hello! I have several 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 courts are still going on?
Sergey (senior lawyer)
Hello Julia! 1. Usually, new owners notify the former owners in writing about the time frame when they need to leave the property. If they do not evict themselves, then the new owners have the right to use police officers and forcefully evict the previous owners. 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 mortgagee. But as a general rule, the claims of the original mortgagee have priority over the claims of the subsequent mortgagee.
Gulmira
Hello! On 05/08/2019, the second auction of my house, mortgaged to the bank, took place, a buyer appeared, but the rest of the money has not yet been paid. Can I repay the debt to the bank and remove the house from seizure in these five days? or is it too late?
Sergey (senior lawyer)
Hello! Unfortunately, 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 this opportunity.
Ilya
Hello. I am the mortgagor - the apartment is the only housing. The borrower pays regularly and will continue to pay regularly in the future. (This loan is 580 tr.) I am filing for bankruptcy on my non-targeted loans of 800 tr and unsecured. Question. What will be presented to the borrower? What is the fate of the only housing? If there are auctions... Then by how much% can the price be reduced? (market price is 3.4 million. Stalinka’s house, I tried to sell it myself and they won’t buy it for 2.7 million.)
Sergey (senior lawyer)
Hello, Ilya! The apartment will be classified as 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, when holding repeated auctions, the initial sale price of the property is reduced by 10%.
Karina
Hello! Tell me, please, how many times can public auctions be held if previous auctions for the same property have not taken place? The law states that after the failed second auction, the bailiffs offer the bank to accept the property on its balance sheet with a reduction in value by 25%. If in this situation the bank refuses, will they hold third and fourth auctions? Or will the property return to me? If the property is returned to me, how will the debt be collected if I cannot pay it off within 5 days?
Sergey (senior lawyer)
Hello Karina! In accordance with Art. 58 of the Mortgage Law, if within one month after the repeated auction is declared invalid the bank does not keep the apartment, then the mortgage is terminated. But this does not mean that your debt will disappear. It will be collected in the general manner through bailiffs, but now they will not be able to seize the apartment to pay off the debt.
Alexei
Hello. I have a mortgage debt of 1 million 900 rubles, 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 go away at auction.?
Sergey (senior lawyer)
Hello, Alexey! Based on Art. 60 of the Mortgage Law, you can pay off the debt at any time before the sale of the apartment. Therefore, you can completely freely use your free money to pay off your debt and thereby free your apartment from being sold at auction.
Elizabeth
My apartment was sold at the first auction. I suspended the enforcement proceedings a few days after the auction with an administrative claim in relation to the actions of the bailiffs. The bailiffs have suspended the procedure for lifting 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 interfere.
Sergey (senior lawyer)
Hello, Elizaveta! The actions of the buyer show 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 refused, appeal it to the prosecutor’s office and to court.
Marina
The court decided to put the mortgaged property up for public auction. The loan was taken from an individual. Designed as a loan (mortgage) agreement. The loan is consumer, not for sale. I didn't take it on to buy a home. The loan was taken out on the security of one’s own housing, which is the only one. The court did not accept the arguments that the housing is the only one (extract from the Unified State Register 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 mortgaged, 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 mortgaged property up for public auction. The fact that housing is the only argument the court did not accept (extract from the Unified State Register 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 mortgaged apartment, then foreclosure may be applied to it, even if it is the only housing for the debtor. This is the legal position. It is necessary to negotiate with the bank about providing refinancing, installment plans, etc. You can also offer the bank to leave the apartment behind in order to fully repay the debt.
Ivan
The court ordered to terminate the loan agreement with the bank and sell the mortgaged apartment at auction. If there is also a third party, Rosvoennipotek, in the ownership documents and it has no claims against me at the moment, but is also, roughly speaking, the owner, then how will the auction take place 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 canceled the bank’s demands to repay the debt using the mortgaged apartment. Therefore, in general, it can be assumed that the auction will take place in accordance with the terms of the loan agreement and the provisions of the current legislation.
Maria
Good afternoon The apartment was purchased at auction. No one lives in it, but there are things from the previous owners (furniture, appliances). After taking ownership, I went to court for eviction and discharge. The decision came into force in terms of the extract and recognition of the lost right of use. The court refused to evict, because no one lives in the apartment, and the belongings are not a reason for eviction. The former owner does not take the items and says that he will challenge the auction. What should I do with my things? I can’t move in 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 things 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 of land at an auction of seized property, after paying the full amount, signing a purchase and sale agreement and handing over all the documentation for the plot, it turned out that the debtor had paid the entire 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 ownership of the land plot.
Svetlana
Good afternoon Tell me what is the procedure for foreclosure on the subject of a mortgage between individuals by a court decision if the subject of the mortgage is currently registered in the name of a third party? Is it necessary for the apartment to be registered with the debtor for the auction?
Sergey (senior lawyer)
Hello Svetlana! As a general rule, only property that is owned by the mortgagor can be pledged. If the debtor sold the collateral, then foreclosure can be carried out taking into account a fairly large number of nuances prescribed in the legislation and the collateral agreement. The situation may develop in different ways: the pledge may cease altogether, the new owner will become obligated, or you may demand early fulfillment of the obligation secured by the pledge.
Ruslan
Hello!!! The court made a decision which established the initial cost of the mortgaged apartment (under a mortgage) at 740 thousand rubles, the first auction for the sale of housing was declared invalid. The bank carries out an examination on the basis of which the price of the apartment being sold, supposedly market price, drops to 440 thousand rubles (three-room apartment) and asks the court to reduce the selling price by 20%, that is, to 340 thousand rubles. The court again agrees with the bank and makes a ruling to reduce the sale price to this amount. Is this legal and should it be appealed? The amount of debt collection by the bank from the debtor is exactly 740 thousand rubles, so the difference will be collected 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, then it is necessary to appeal this decision with the involvement of the opinions of other experts. Also study your mortgage agreement to determine how to determine the price of an apartment when selling it at auction.
Svetlana
Good afternoon Our apartment went up for auction; the winning bidders were given time to remove our belongings from the apartment. Can you please tell me how the keys to the apartment are handed over? What documents must be required from the winning bidder to ensure that he has rights to the property, is the presence of a bailiff or lawyers required?
Sergey (senior lawyer)
Hello Svetlana! The procedure for handing over the keys to the winning bidder is not prescribed by law. This means that it must be decided in accordance with the agreement of the parties. If you have doubts about the rights of the winning bidder, you can request an extract from the register confirming the person’s ownership of the apartment and his passport. The presence of a lawyer and a bailiff in such a situation is not required.
Nina
Good afternoon My husband and I are mortgage debtors; there was a trial and a decision was made to sell the apartment through auction. The initial amount was determined to be over two million, but 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 accrue, or is it automatically terminated due to the decision? Will we still owe the bank? We have a one-room apartment on the first floor, Khrushchev. Apartments in such a building, the third floor even cost about one and a half million rubles. The bank assures us that the apartment will simply go on balance and we won’t 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 contract must be terminated, since until the apartment is sold at auction, the mortgage agreement continues to be valid. You will not owe the bank anything provided that the proceeds from the sale of the apartment at auction are sufficient to pay off the debt.
Elena
Good afternoon question - there is a trial in progress, the bank filed a lawsuit to terminate the mortgage agreement and collect the debt by selling the collateral. The mortgaged house was reconstructed without the bank's consent, a second floor was erected and the area of the house increased from 86 square meters to 200.5 square meters (i.e. unauthorized construction). The bank carried out an assessment using the old parameters and estimated it at 3 ml (another -80%), while the experts wrote that access to the house was limited, we were not notified as debtors, the real cost was about 6 ml. The judge does not accept our objections regarding the non-compliance of the area since there is no data in the Rosrester. Now we have in our hands a new technical plan of the building and a statement of claim to legalize the reconstruction, can the judge ignore and determine the initial sale price according to the old parameters and what do we need to do? ?
Sergey (senior lawyer)
Hello, Elena! It is difficult to say, since issues of the procedure for assessing the house may 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 conclusion. You can challenge it and provide your opinion. You now need to conduct your assessment examination.
Radik
Removal of collateral from real estate after auction The individual did not pay the 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 repay all debts to the bank. In this situation, is the bank obliged to remove the mortgage from the apartment and will it not present a demand for repayment of the balance of the debt to the new owner? Thank you
Sergey (senior lawyer)
Hello! The pledge of the apartment ceases from the moment it is sold at auction and acquires a new owner. In accordance with Part 5 of Art. 61 of the mortgage law, if the amount from the sale of the apartment was not enough, then the debtor is not obliged to pay anything, provided that his liability is insured, as well as if the bank’s liability is insured. If this condition is not met, then, within the meaning of the law, the bank can collect 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 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 The secured creditor, Sberbank, held a public auction for the sale of the developer's apartment, I was declared the winner, the amount under the contract was paid in full, the ownership was registered, after which I sold the property to a third party. Another creditor (not the collateral) filed a claim to declare the auction invalid.. if the claims are satisfied, the property can be returned to the bankruptcy estate or they will come to me with demands for recovery of losses.. but I paid the amount to the bankruptcy estate..? If restitution is applicable, will the funds be returned from current payments or after all creditor claims have been satisfied?
Sergey (senior lawyer)
Hello, Oksana! If the concluded purchase and sale agreement is declared invalid, everything received by the parties to the transaction must be returned in full. That is, you must receive the amount of money paid. Your claim may be considered a current payment and be paid out of turn from the bankruptcy estate.
Elena
Good afternoon, please tell me 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 submitted documents to register ownership of the apartment, repeated auctions were not announced and were not held. Is this legal? Is re-tendering necessary? (the agreement states that the pledgee can retain the property after the first auction is unsuccessful).
Sergey (senior lawyer)
Hello, Elena! In accordance with Art. 59.1. The law on mortgages allows the bank to keep the apartment. In general, the parties to the mortgage agreement have the right to provide for the procedure for the sale of the pledged property when foreclosure is filed on 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 to provide a credit line. With security agreements for the pledge of real estate. On the day of repayment of the loan agreement, the Bank’s license was revoked and bankruptcy proceedings were introduced. The bankruptcy trustee challenged the payments and the court ruling restored the debt in the amount of 10 million. rub. Subsequently, the bankruptcy trustee put this debt up for auction under the Lot, indicating that the debt was being sold by court order. The debt was redeemed, and the Bank entered into an agreement on the assignment of claims. The contract also states that the rights are transferred by court determination, but the Determination only states that the debt in the amount of 10 million will be restored. Rub. But also, according to the text of the agreement, it transfers the rights to interest, fines, and foreclosure of real estate. Are the claims of the new creditor now justified, since the debt was transferred according to a court ruling, and not under 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 under a debt can be transferred to a third party without the consent of the debtor. Considering that all this happened within the framework of the bankruptcy procedure, it is quite natural that only the court could make such a decision. But you still need to look at the documents to ensure that the procedure for transferring the debt is correctly legalized.
Vyacheslav
Good afternoon I entered into an assignment agreement with Sberbank on the assignment of claims. You are e. They gave me the mortgaged apartment and the mortgage debt of the person who is hiding. In this case, a writ of execution was issued to foreclose and hold a public auction for this property. In what order should I proceed so that this collateral becomes my use? Those. the apartment became mine with all rights. I am not legally literate and got involved in such an adventure.
Igor Ketov
I won a lot in a bankruptcy auction for a public offering of agricultural machinery. Is the right of pre-emption applied in such auctions? If so, at what time should the auction organizer send me an offer to sign the contract? Immediately or after the offer to persons with priority rights?
Sergey (senior lawyer)
Hello, Igor! When selling agricultural machinery, the priority right to purchase them at bankruptcy auctions belongs to agricultural producers. If an auction has already taken place in which non-agricultural producers took part, it means that an offer to purchase equipment has already been made to them. Therefore, since you have won the auction, the proposal to conclude a contract must be sent to you within the time limits established by law.
Igor Ketov
Sergey, thank you very much!!!
Catherine
Please tell me, after the bank accepts the property on its balance sheet after two trades, will there be any claims against the debtor or are all claims completed?
Sergey (senior lawyer)
Hello, Ekaterina! If the value of the property is sufficient to repay the entire amount of 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 bank’s demands, then the debtor will have to satisfy these claims.
Julia
Good afternoon. Help me interpret the law. What does pre-emptive right mean? What does the price set at the auction mean? During what period can the preemptive right be exercised? Is it possible to exercise the preemptive right in a public offering at the last stage without submitting an application to participate in bidding on the ETP? What should the winner do in this case if he won the auction, and he receives a letter that he..., took advantage of the preemptive right?! Help me understand please.
Sergey (senior lawyer)
Hello Julia! Preemptive right means priority in something compared to 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 bidding materials to find grounds for challenging the bidding results.
Nikolay
Hello, we want to buy real estate from the bank that we did not buy at the first and second open auction. the auctions took place, contracts were concluded, but no money was deposited. The other day a public auction took place. We were in 3rd place in terms of price. Today the bank called us with an offer to buy real estate directly. It is mandatory to wait 5 days to conclude an agreement and 30 days to pay so that the lender-bank takes the property and sells it directly under the purchase and sale agreement. The bank is the only creditor, and accordingly, it filed for bankruptcy and put its own bankruptcy. Can the owner of this property sue for the illegal sale of this property? The purchase price will be twice the sale price of the lot.
Sergey (senior lawyer)
Hello, Nikolay! The possibility of selling the mortgaged item by the bank to third parties must be provided for in the mortgage agreement. Therefore, if there is no such provision in the agreement, then the mortgagor has the opportunity to challenge the bank’s actions in selling the property not at auction, but directly to a third party.
Oleg
Good evening! I am the mortgagor under the loan agreement, the one who took the loan disappeared. My mortgaged property was foreclosed on through the court. Three trades were held, which are considered not to have taken place. Announcements about the auction were posted in the newspaper and on the website, but protocols stating that the auction did not take place were not posted anywhere. Tell me at what time the bank starts counting the month to take it onto its balance sheet. Or you can go to court with a statement that the mortgage has ceased
Sergey (senior lawyer)
Hello, Oleg! This period begins to be calculated from the moment the last decision is made to declare the auction invalid.
Vladimir P
Good afternoon! The bank, through the court, demanded the return of the remaining amounts for the late payment for the mortgage. I cannot return it. How much time is given to the bank to conduct an auction or take it to its balance?
Sergey (senior lawyer)
Hello, Vladimir! The timing of the auction is not defined by law, therefore it is at the discretion of the bank, subject to the availability 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 thing as succession, when the place of a liquidated organization is replaced by another organization - its successor. To replace a party in enforcement proceedings, a court decision is usually required. Therefore, most likely, the new bank has complied with all the necessary formalities to enter into enforcement proceedings and trading can continue further.
Olga
Good day! In 2015, I am an individual and entered into a mortgage agreement for 1.5 million rubles with Sberbank; I am not a guarantor for a commercial loan to 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 into the bank. However, six months after my 1 million, due to the overdue loan of 9 million, the arbitration court made a decision to foreclose on my apartment and the property of the remaining mortgagors. I filed a lawsuit against the bank to recover 1 million rubles. The court's decision was to deny the claim; an appeal was filed. I also appealed to the bank again with an application to buy out my apartment - it was not considered. Today there was an auction - someone won. Question: Can I file a complaint with the front office and declare the auction invalid if: 1. I received the notification 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 no one was reflected on the electronic platform I printed out the screenshot of the participant, and today they 2 participants appeared from somewhere.
Sergey (senior lawyer)
r.s. Sergey read your answers, I’m ready to pay for the consultation, for which I can send the documents by email.
Hello Irina! According to the legislation on enforcement proceedings, a price reduction is allowed twice. A maximum of 2 months is allotted for the auction.
Timur
Sergey (senior lawyer)
Hello, Timur! If the bailiff replaced the mortgagee in enforcement proceedings, then even the liquidation of the claimant is not grounds for termination of enforcement proceedings. The circumstances you indicated do not constitute a violation of the law, since the bailiff is not obliged to notify about the date of the assessment and invite relatives to participate in the auction, since the announcement of the auction is published in the media and is public. It is possible to invalidate the auction even after the winner has been determined. It is necessary to specifically understand the available documents and circumstances in order to draw up a reasoned statement of claim. It is better to entrust this work to specialists.
Sergey
Good day to all. I have a question about the seizure and sale of my property. My property was seized and put up for sale. Seized in February 2017, the first auction took place in June 2017, no one notified me. Due to the refusal of the winner to sign the contract, I have no information whether SSP Bank offered my property 10 times lower to offset the debt. Bidding The auction moved to the second stage with a decrease in price. Today is 01/07/2018. No trades in sight. Accordingly, I understand that the auction took place not without the participation of the bank, since the price is reduced by 20, although this is difficult to prove. Next there should be stage 3. Where SSP will offer my property to the bank. I also found out through my own channels that the bank wants to get 1 of my cars. They refused to pay third parties to buy my debt. Although this is understandable. The BSC has 2 months to implement.
Sergey (senior lawyer)
On what basis are the SSPs delaying the toga? Soon a year will pass after the seizure of the collateral, why is the car in one city, the documents for the individual entrepreneur in another. And lastly, how to draw up documents and withdraw a car from collateral after the sale deadline has expired? After all, after 2 months allocated for the sale of property, the property ceases to be collateral and is returned to the owner. If you have encountered this, I would be glad for any help.
Svetlana
Hello!!! Enforcement proceedings were initiated in the bailiff service, where the bank asked to transfer the collateral property to auction... I came to the service not so long ago and work there as an ordinary specialist, I have nothing to do with enforcement proceedings... I acquired collateral through public auction real estate...The first auction was declared invalid due to the lack of applications to participate...In the second auction I was recognized as the winner, since I offered a higher price...All funds were transferred to the account of the Federal Property Management Agency on time, a purchase and sale agreement was concluded with the company , which was directly involved in organizing the bidding, also submitted all the documents to the MFC to take ownership... I found out all the information about the bidding on the official website "GOV bidding"... At the moment, my child and I are raising my son alone We are now living in a rented apartment, since the citizen who was the guarantor for the debtor’s mortgage does not give up the keys and writes complaints to various authorities... 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 declared invalid within one year if the following grounds exist: someone was unreasonably excluded from participating in the bidding; the highest bid price was unreasonably rejected at the auction; the sale was made earlier than the period specified in the notice; there were other significant violations of the auction procedure, which resulted in an incorrect determination of the sales price; other violations of the rules established by law were committed. Therefore, there is a risk in your situation. The only thing you can do is to carefully and thoroughly analyze the circumstances of the auction and determine the possibility of invalidating it on one of the above grounds. This way you will at least be prepared 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 the legal grounds to forcibly remove the guarantor from the apartment.
There have been many changes in the modern Russian residential real estate market 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 and then sell them due to various life circumstances. One of the most common circumstances is the bankruptcy of the owner.
We have been helping in the purchase of apartments at auction for more than 10 years.
In our online catalog we present you the most interesting things that are currently available from all over Russia. All objects are carefully and carefully selected by analysts of the investment company No. 1 Invest Trading. A whole department of analysts is working on this. At the same time, each lot goes through a strict filter, and garbage offers are rejected. You can trust our specialists.
We will put our 10 years of experience at your disposal. We make risks minimal and return on investment maximum for all our customers; every ruble of our commission pays off more than once. Be sure of this.
Apartments up for auction
Now there are enough proposals of different categories and degrees of readiness. The residential real estate market is replete with various properties put up for sale for debt. This abundance, in the eyes of an inexperienced buyer, is extremely difficult, and navigating a large number of offers can indeed be difficult. There is a high probability of making a fatal mistake when purchasing an apartment on your own through an auction, since there are many different aspects that the buyer, perhaps making such a transaction for the first time in his life, is not aware of. With experience, of course, the number of mistakes becomes significantly smaller, but the risk of being left without a deposit or taking substandard junk is always there. In such cases, there is a company called InvestTorgi with experienced specialists.
When purchasing residential premises at a debtors' auction
We solve issues of any complexity!
Our specialists will help you buy an apartment in Moscow and the Moscow region at a debtors' auction, as well as throughout Russia, that would meet your wishes in terms of location, area, quality and price, and not make a mistake. Often, apartments put up for bankruptcy auctions are freed from mortgage encumbrance. As a result, you purchase housing, albeit in a slightly more complicated way, but significantly 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 item 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. Customers value our company precisely because we achieve the best results even in cases where the situation gets 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 simplest 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 accessibility. As a rule, our proposals no longer need to be double-checked. However, there will always be a competitor for the most interesting auction lots. It happens that the cost in the process rises almost to the market price, but everything depends on us.
If necessary, our specialists will organize a viewing of the property 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 most of the troubles upon ourselves. With a 95% probability, our customers will win the auction.
Further, depending on the scope of services, either we, on our own behalf, or on behalf of the customer, enter into an agreement with the Competition Manager. The size of our commission depends on the volume of services and their complexity..
How do electronic auctions of apartments work?
The stages of bidding are the same and are regulated in our case by Law 127 Federal Law as amended in 2018. The first ones are carried out at the market price. Next, the second stage is to reduce the cost and offer the confiscated apartments below the market according to a pre-approved price reduction schedule. And the third stage is holding a public auction, 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 are put up for auction for non-payment of mortgages. Legally, such an apartment belongs to the bank, and it is not difficult to write out debtors in any number. In such a sale, first the debt to the bank is repaid from the received funds, the remaining part of the money goes to the debtor and his creditors according to shares. After the transfer of ownership, the encumbrance is removed. The whole procedure takes a month, or at most two. Next, 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 owner’s future life. Pay special attention to the registration of minors, dependent people, disabled people, etc.
Already want to buy a confiscated apartment cheaply?
Come to us! And we will definitely help you. Moreover, we have a staff of leading specialists in this industry at our disposal.
Sale of apartments secured by the bank.
Often, a loan is taken out on the security of real estate, which is not returned to the bank. According to the court, property is torn away from the owner. Such cases are quite common in the business environment. In this case, there are features of the procedure for clearing the encumbrance. However, with experience, everything does not look so difficult. As a rule, before giving a loan, the bank checks the property on its own. We will carefully guide you through the entire procedure, which will result in winning the auction.
We offer you solutions of any complexity. Thanks to our experience and extensive interaction with leading representatives in various public and government agencies, we give you the opportunity to win the auction with a 95% probability.
Thus, our online catalog includes secondary housing in Moscow and the Moscow region. To buy secondary housing in Moscow at a bankruptcy auction, call us on our phone number 8 800-100-3316, or leave a preliminary application. Our specialists will organize a viewing of the property you are interested in with the bankruptcy trustee.
Features of bidding 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 your favorite lot more carefully and responsibly. Don’t think that the real estate market is dead and is only waiting for your presence. Every day our company is contacted by investors who are trying to jump on the train of already completed trading. The apartment market 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 away at this stage is quite high. Please contact us in advance. There are quite a lot of players in this market who are well versed in the real estate market and will definitely take an apartment with any degree of encumbrances at a favorable price.
Please contact us in advance!
Our company has a special department that has tactics and strategies for winning auctions with a 95% probability. Moreover, most of the market players are known to us, and we have already crossed paths with them in one way or another. In view of the emerging competition and the relative maturity of the industry, such cases when you come and buy secondary housing at a profit at auction and without competition no longer exist.
Notify our company early!
For us, an extra day of monitoring the lot is not at all an extra ten percent to the victory in the end!
Give yourself an extra chance, and don't give your competitors a chance. We are waiting for you in our office!
Do you want to participate from your city?
We will resolve this issue, but approval will take time. We will resolve complex issues in a working manner.
Call the specialists 8 800 100-3316!
In addition to apartments, secondary housing is extremely inexpensive.
Call us and we will definitely help you.
Sincerely,
Company No. 1 InvestTorgi auctions and bankruptcy auctions.
More than eight hundred former employees of ZAO 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 the current situation regarding non-payment of wages fees in the amount of more than 300 million rubles from March 2014 to the present.
We have been trying to return the money we earned since 2014 to no avail. Many lawsuits were filed in the courts, and the cases were won. For the former general director Karpov A.S. a criminal case has been opened and for some reason already dismissed. To date, no one has received the money.
On March 25, 2015, Polet Airlines had its operator’s certificate 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 were in vain, and two years of employee work remained unpaid.
On April 26, 2016, by decision of the Moscow Arbitration Court, a bankruptcy procedure was introduced in relation to the airline. From that moment to the present, the airline has been led by the bankruptcy trustee Litti Boris Pavlovich.
Almost all employees were laid off due to staff reductions, the airline's property was inventoried and partially assessed for sale. The results are published on the website:
http://bankrot.fedresurs.ru/Me ...
All of the airline’s property, 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. 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 valued a three-story administrative and laboratory building with a basement floor with an area of 1,553 m², built according to advanced technologies, with “European-quality renovation”, with special premises and equipped with the most modern equipment, costing only 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 incorporating two ten-ton cranes, four ventilation chambers, four slipways for repairing aircraft engines, and also equipped with hoists, huge sliding gates with an electric drive and other special equipment (which we have to admit integral upon sale) of only 17.9 million rubles (and this is with a collateral value of 35.4 million rubles!). This building is an entire aircraft factory, because in addition to the usual metalworking, turning and welding areas, there are workshops for modular engine repair and work with composite materials. Moreover, 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 another 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 value of about 1.2 billion rubles (according to estimates from 2014). There are a significant number of scarce aircraft units in warehouses. They also cost a lot.
Given the observed approach of the bankruptcy trustee to the valuation of the airline’s property, one should expect that these assets will also be sold for next to nothing.
In such a situation, former employees of Polet Airlines have nothing to expect; they will be left without payment of arrears of wages.
Over the past 2016, two criminal cases have already been opened regarding the loss of airline property, and while there is no security at the facilities, the buildings (which contain expensive units), special vehicles, vehicles and aircraft are not guarded.
We kindly ask for your help in monitoring the valuation and sale of the airline's remaining property and paying off wage arrears to all employees.