What to do if your property is removed for debts?


Before you send the claim to the court, the bank is obliged to inform the borrower about his actions. Accordingly, until the case is on consideration, there will be a time to fix something.

If you know that the bank can put arrest on your property, you can have time to re-refline it to another person. If you have a spouse (a), it is desirable should not be (a).

After all, if we are talking about a court decision, the property of both spouses will be taken into account. You can make a deal with another relative, or your trustee. You can make this deal as a gift — this is a gratuitous transfer of property in favor of another person. You can make an act of purchase — sales to a third party.

But it should be done if you are confident in man. You can draw up a lease agreement — rent an apartment to a third party. While the contract will act, the property will not be able to pick up. Also, it is worth separately identifying all valuable property — in the event of the arrival of baits, the valuable things will not be able to pick up, as the actual owner will be considered the actual owner.

If you made a loan not mortgage, respectively, your property is not the property of the bank. If you have a living area is the only place of residence, it will not be able to remove it, even bailiff. Also, if the amount of your housing exceeds the amount of your debts, it will not be taken too.

Currently, there are no opportunity to lose real estate, even if debt was formed. In which case it can happen — an interesting question. If the period of overdue payments does not exceed 3 months, and the amount of delay is less than 5% of the total value of real estate — it will not be able to pick it up.

Judicial practice prohibits housing in this case. For example, the cost of the apartment is 2.5 million rubles. Overdue payments for 2 months. The amount of payment monthly is 25 thousand rubles. For two months, the amount will be 50 thousand rubles — and this is 2% of the total cost. Accordingly, in this case, even when contacting the court, the apartment is not flawed.

If a situation occurs when your property is dangerous — try to negotiate with the bank. In the main requirement of the Bank one — to return the funds received by the borrower. Accordingly, if you return the money to the bank, the trial will be withdrawn. The main thing is not to delay until the last moment.

We hope that our article was useful to you.