Publication date: 02.05.2024
lawyer, 23 years of experience in enforcement.
One of the measures of enforcement of court decisions is the foreclosure of the debtor's immovable property.
It is possible to foreclose on the debtor's immovable property according to executive documents on the collection of funds, provided that the order of foreclosure on the property is observed. Also, in the cases established by law, there are court decisions or executive writs of notaries, which must be enforced against clearly defined property.
Importantly! According to executive documents, which provide for the seizure of clearly defined property of the debtor, it is prohibited to apply other enforcement measures, for example, seizure of the debtor's funds.
When foreclosing on immovable property, in general, it is prohibited to foreclose on the debtor's single home in cases where the debt is less than the total amount of 20 minimum salaries (as of April 1, 2024 – UAH 160,000). At the same time, when the debtor has less than UAH 160,000 in debt. and other immovable property is registered for the debtor, in addition to housing, then enforcement against such property is allowed.
In the first place, a levy may be levied on a land plot on which there is no housing, as well as non-residential real estate objects, and lastly, on residential real estate objects.
I pay attention! Until the end of martial law, it is forbidden to foreclose on mortgaged property.
In the case of discovery of real property that is jointly jointly owned and registered not by the debtor, the executor must apply to the court for the allocation of jointly acquired property and, accordingly, after that, foreclose on such property. In such situations, a lawyer or an attorney will make a legal analysis of the situation and help avoid violation of the property owner's property rights.
Seizure of the immovable property of the debtor and levy on it, if such property is not registered in accordance with the procedure established by law, is possible with the relevant permission of the court.
Importantly! It is possible to foreclose on immovable property of residential real estate, in the event that minor children have the right to ownership or use of such property, only in cases where permission is obtained from guardianship or guardianship authorities.
Real estate, except for land plots, is sold using the Electronic Bidding System on the SETAM platform in accordance with the procedure established by current legislation.
Land plots, implemented with the help of the electronic trading system on Prozorro platforms in accordance with current legislation.
So, in the event that the executor applies for foreclosure on the debtor's immovable property, the help of a lawyer is essential, as it will help to avoid situations where the rights of the debtor and sometimes other persons are violated, and at the same time, to get out of difficult life situations with the least losses. A lawyer or attorney will provide legal services during such executions that will help preserve and protect the debtor's rights. lawyer advice or legal services, lawyer services can be obtained at the Legal Service "Consultat", and accordingly, the managers will select a specialist who will help provide support in the execution of this category of cases, as well as in case of illegal withdrawal of funds from your accounts, help them return.
