Removing arrest from an apartment: restrictions and nuances
Content
- 1 When an apartment is seized
- 2 Who can impose sanctions on real estate
- 3 Restrictions on property during the sanctions period
- 4 Conditions for lifting sanctions from an apartment
- 5 How is a court decision to lift restrictions registered?
- 6 Important nuances
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The right of ownership can be limited only on the grounds expressly specified in the law. Seizure of real estate is allowed only on the basis of a court decision or order issued by bailiffs. Let's consider how a seizure of property occurs and how a seizure is lifted from an apartment.
When an apartment is seized
As a rule, having ownership rights allows citizens to freely dispose of housing, including making various transactions.
If the property is seized, such actions will be completely impossible until the circumstances that served as the basis for such exceptional actions are eliminated.
Sanctions on property owned by citizens can be imposed by a court or bailiffs, and the grounds for such decisions are:
- the need to establish interim measures when considering a case in court;
- the need to establish a ban on the disposal of real estate for the period of enforcement proceedings;
- arrest may be imposed on the basis of a demand presented by customs, tax inspection and other government bodies in the event of a debt on mandatory payments.
The legal grounds for establishing such restrictions on property rights are different - when considering a case in court, the order of seizure is established by the Code of Civil Procedure of the Russian Federation, and when carrying out enforcement actions by officials of the FSSP - by the Federal Law “On Enforcement Proceedings”.
Who can impose sanctions on real estate
The court may seize real estate if a claim is filed to challenge the ownership of an apartment or a transaction with residential premises.
In addition, the court seizes residential premises if a bank or other creditor has filed for collection debts, the amount of which is approximately equal to the value of the debtor’s property. In this case, it becomes necessary to guarantee the plaintiff the repayment of the debt if it is collected following the consideration of the case.
As a rule, an application to the court to seize an apartment is attached to a claim for debt collection or challenging ownership.
In this case, the court must make a decision on the merits of such an application immediately after receiving it or at the initial stage of consideration of the case.
Based on the results of consideration of the petition for seizure presented to the court, a decision is made, which the owner has the right to appeal to a higher authority.
In addition, bailiffs can seize real estate when carrying out enforcement actions. To do this, enforcement proceedings must be officially initiated, and the debtor must be given the right to voluntarily execute a judicial act.
At the stage of enforcement proceedings, the following stages of seizure of property are provided:
- initiating enforcement proceedings and sending the debtor a resolution;
- providing the debtor with time for voluntary execution of the court decision;
- identification of the debtor’s property assets;
- inventory of identified property and imposition of sanctions by issuing a resolution.
In the vast majority of cases, these bodies and officials can seize an apartment for debts. The composition of such debt can be different:
- if the order is issued by the court, arrest may be imposed due to the occurrence of debt on a loan, loan and other monetary obligations;
- the arrest was imposed due to delays in the mortgage, while in the future the apartment can be sold to pay off the debt to the bank;
- Another reason for imposing a corresponding decision may be debts to pension, tax, customs and other government bodies.
When an apartment is seized, what should the owner do? First of all, it is necessary to establish for what reason the arrest was imposed. The grounds for establishing such restrictions must be indicated in the court decision or decree of the bailiffs.
You can find out whether there is a seizure on the apartment through the institutions of Rosreestr, since any restriction or encumbrances must be registered with the specified authorities.
Restrictions on property during the sanctions period
Restrictions on transactions with property are imposed on the basis of a court decision or a resolution of the Federal Bailiff Service, which entails an automatic restriction of property rights:
- the apartment cannot be sold, exchanged, donated or bequeathed if the property is seized;
- deterioration of the quality characteristics of the apartment is not allowed;
- Transfer of real estate for temporary use to third parties (rent, rental, etc.) is not allowed.
The obligation to comply with these restrictions arises from the moment the act of the judicial authority or the FSSP is issued. In this case, the property can be left for safekeeping by the owner himself.
To do this, when imposing sanctions, the qualitative condition of the property is determined in order to exclude cases of deliberate damage or destruction of property.
Until the arrest is lifted, the owner has no right to take any actions that violate the rights of the creditor. If such facts are established, the owner will have to compensate for all losses caused by violation of these conditions.
Conditions for lifting sanctions from an apartment
When establishing a ban on the disposal of real estate, lifting the arrest is possible only if the reasons and grounds for such actions are eliminated.
To cancel the seizure of an apartment established by an official of the FSSP, it is necessary to comply with the court decision and pay off the collected debt.
In addition, all restrictions can be removed by appealing against unlawful actions of FSSP officials (for example, if a restriction is established in relation to property owned by joint or shared ownership). To do this, complaints are submitted to a higher bailiff or to the judicial authorities.
The stages of lifting a seizure imposed by a court decision consist of the following actions:
- appealing a court decision that established restrictive measures;
- proposal to replace the seized property (for example, other property equal in value to this property);
- achieve a positive court decision, after which the restrictions must be lifted by the court.
In order to take action to lift the seizure, it is necessary to submit an application to remove the seizure from the property to the court that issued the specified decision. The application will be considered in a separate court hearing, to which all interested parties (plaintiff, defendant, etc.) will be summoned.
If the court has not lifted the seizure of the property based on the results of consideration of the above application, the owner has the right to challenge the judicial act in higher authorities.
How is a court decision to lift restrictions registered?
After the seizure is lifted in court or through the FSSP service, you must contact the cadastral authorities and notify them about this in the Unified State Register of Real Estate.
It is possible to lift the seizure of property by a court decision in the State Register only if you have the appropriate document in hand - a court order or decision or a bailiff's order.
Rosreestr institutions are required to register the court decision to lift the arrest, while information about the previously established encumbrance is excluded from the Unified State Register of Real Estate.
After this, the owner will receive an extract from the USRN register confirming the fact that the encumbrance has been lifted. From this moment on, the owner will again have the right to dispose of the property.
Important nuances
If the court rules in favor of the debt collector, the apartment can be removed from seizure after the trial only after the debt has been repaid. Otherwise, the seized property will be forcibly seized by putting the apartment up for auction.
During the sale process, the proceeds will be transferred to the claimant, and the owner will receive the remainder.
If, during the course of the court decision, the owner allowed deterioration or damage to the property, compensation for the damage caused to the claimant will be recovered from him.
Such collection is carried out within the framework of an independent judicial procedure based on an application from the claimant or bailiff. Compensation for damage does not allow the seizure of real estate to be lifted until the grounds for imposing encumbrances are eliminated.
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