The apartment can be taken away only by a court decision
Every borrower must remember that his apartment can be taken away only by court order. Therefore, these threats from the Bank or collectors have no legal grounds.
Failure to fulfill credit obligations is the most common cause of depriving the citizen of housing. Other reasons such as the withdrawal of housing for state needs or its improper use is less common.
Banks often try to solve the problem of debt within pre-trial proceedings. The Bank may make concessions to the debtor and to provide respite for payment or to extend credit. Especially when the borrower is unable to pay for valid reasons. For example, if the employee was fired, in the presence of a pregnant wife, illness, injuries, etc.
What property may be levied
The court first considers the following circumstances - whether the creditor's claim is legitimate and whether or not the citizen is a debtor. Afterwards, a list of the property which has been foreclosed - it can be stocks, bonds, Bank accounts, wages and rent. Seized by bailiffs things are further implemented in the course of trading.
According to FSSP, in the summer for sale at auction offered 873 apartments across Russia, including 11 in Moscow.
You should pay attention to the fact that the legislation provides a list of things that can't be recovered. Among them:
- household items (shoes, clothes, mirrors, etc.), except for luxury items (they can be ranked as washing machines, microwave ovens, items for design and beauty of a room, etc.);
- property that is used in professional activities;
- the property of a disabled person;
prizes, the state awards;
- food products;
- livestock, poultry, bees that are bred for personal consumption;
- salary not exceeding the minimum wage.
On residential premises the penalty may be imposed only if it is not the only habitable place. The exceptions are apartments and houses that are the collateral for the mortgage loan. Also, the court will not be able to recover the land on which is situated the house where the borrower lives.
Complications can arise if the apartment is in common ownership. Bailiffs will also need to separate the debtor's property from a property that sleeps with him. In this case, if the apartment debtor reside with minor children, the Bank must obtain the permission of the Board of Trustees on the expulsion of the child.
In this case, the borrower can always challenge the decision of the court, to fight against the illegal seizure and the return of justice.
Can I select an apartment when debt consumer credit
An apartment in the mortgage, taken the most. In this case it usually acts as a collateral, and the court usually sides Bank.
Meanwhile, the recovery in the apartment can be converted not only in mortgages, but in the case of indebtedness under the usual consumer credit. The only restriction is that the apartment will be taken away only if its value is proportionate to the debt. Equivalent under the court usually recognizes a penalty of not less than 80% of the market value of the apartment. Ie for the debt on the mortgage loan in 100 thousand. apartment for 1.5 million rubles will not be taken away. The car loan will take first the subject of pledge - the car, not the apartment.
In the group of risk among borrowers are entrepreneurs, who risk all its assets (including housing) to creditors.