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Publication date: 24.05.2024
Лоер
Removal of seizure from real estate: Pre-trial settlement of disputes
Seizure of immovable property is a coercive measure that is imposed on the debtor's property in order to ensure the fulfillment of obligations. In Ukraine, there are various ways to remove the attachment from property, and pre-trial settlement of disputes is one of them. In this article, we will consider how to remove the seizure from real estate, what documents are required for this, and what steps should be taken to successfully resolve the issue.
Reasons for seizure of real estate
Seizure of immovable property may be imposed in the following cases:
Default: The most common reason for foreclosure is debt owed to creditors, including banks, suppliers, or other natural or legal entities.
Court orders: Arrest may be imposed on the basis of a court order as a means of enforcing a court order.
Administrative penalties: In some cases, a seizure may be imposed by government authorities to enforce the collection of fines or other administrative payments.
Removal of seizure from property: Basic steps
1. Determining the reason for the arrest
The first step to removing a property lien is to determine the reason for the lien. This can be done by applying to the relevant state authority that imposed the seizure or to the court that issued the seizure decision.
2. Pre-trial settlement of disputes
Pre-trial dispute resolution is a process in which the parties try to resolve the conflict without going to court. This process may include negotiation, mediation or other alternative dispute resolution methods.The following methods can be used to remove the seizure from real estate:
Negotiations with the creditor: If the seizure was imposed on the basis of a debt owed to a creditor, you can try to negotiate with the creditor about the conditions for removing the seizure, for example, about debt restructuring or partial payment.
Mediation: Mediation involves the participation of a neutral intermediary (mediator) who helps the parties reach a mutually acceptable solution.
3. Submission of an application to the court
If the pre-trial settlement of the dispute has not yielded results, the next step is to submit an application to the court. The application for the removal of seizure from the property must contain:
Information about the applicant: name, address, contact details.
Property Information: A description of the property to be foreclosed on (for example, an apartment).
Grounds for lifting the seizure: Justification of why the seizure should be lifted, citing documents and other evidence.
Evidence: Copies of documents confirming the fulfillment of debt obligations or other circumstances that are grounds for lifting the seizure.
4. Execution of the court decision
After the court issues a decision to remove the attachment from the property, it is necessary to implement this decision. To do this, you should apply to the relevant body that imposed the arrest with a copy of the court decision.
The cost of removing the seizure from the property
The cost of removing the seizure from the debtor's property may vary depending on the complexity of the case, the need for legal assistance and other factors. Common costs may include:
Court costs: State Customs for submitting an application to the court.
Legal services: The cost of the services of a lawyer or a lawyer who will represent your interests in court.Additional expenses: Expenses for preparation of documents, conducting examinations and other related expenses.
Conclusion
Real estate foreclosure is an important process that requires a thorough approach and knowledge of the law. Pre-trial dispute resolution can greatly simplify this process and reduce costs. If the pre-trial settlement did not yield results, it is necessary to apply to the court with a corresponding application. It is important to remember that timely application for professional legal assistance can significantly increase the chances of a successful resolution of the issue.
