Can the bank take away the deeded house? Can bailiffs take away donated housing? Next will be a tedious but very useful debriefing from the point of view of the Law

Litigation with banks is a complex process, so many people worry whether they can take away the donated house for debts. It is better to avoid such situations and immediately negotiate with the bank on a deferred payment or debt restructuring. Sometimes it’s worth selling your home yourself and buying a more budget-friendly option, but paying off your debts to the bank and never getting into such problems again.

The only housing will be taken away for debts

So now the debtor can easily find himself in a situation where he will not be able to sell, donate, rent out an apartment or house, as well as register or, conversely, deregister at a specific address a single person, including members of his family, until then until he pays off the creditor. The innovation is certainly amazing in itself, but it also has a number of interesting nuances.

residential premises (parts thereof), if for the debtor citizen and members of his family living together in the premises owned, it is the only premises suitable for permanent residence, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and on it in accordance Mortgage laws may result in foreclosure.

Can a donated apartment be taken away for debts?

If the deed of gift has already been drawn up and the bank client has received the title documents, then he is the owner of the property. And, here the situation will be exactly the same as in the case of any other immovable objects. Therefore, the answer to the question whether a bank can take away a donated apartment for debts is clear.

Can bailiffs take away donated housing?

Russians who have debt obligations to the state, banking or credit organizations often ask this question. It still remains open. The new bill provides for the seizure of real estate - even if this is the citizen’s only home. The law has not yet been approved.

What can a bailiff take for debts?

Qualified lawyers recommend using a little trick during court hearings. Immediately after the court decision on the collection of funds comes into force, you must submit to the same judge an application for a deferment or installment plan for the execution of the court decision.

What bailiffs can take for credit debts

There is also Federal Law No. 229 of October 2, 2007 “On Enforcement Proceedings”. The law regulates the powers, rights and obligations of representatives of this executive body, which does not prevent the debtors themselves from familiarizing themselves with it. In this case, they will be able to learn about all the nuances of the collection procedure, about the authorized and unauthorized actions of the bailiff, and will be able to protect themselves in the event of unpleasant or controversial situations.

Seizure of property: what bailiffs can and cannot seize

luxury items, if their real value is close to the amount of the resulting debt (antiques, original paintings by famous artists, expensive antique vases and other similar things can always be taken by state bailiffs);
jewelry and jewelry (their price should also be comparable to the amount of debt);
household appliances that a person can theoretically do without (microwave oven, multi-cooker, juicer, washing machine, etc.), while such a decision of the bailiffs can always be challenged in court, for this the debtor must prove that normal existence is impossible without the seized items and living in an apartment;
items of household appliances that the debtor has in double or triple quantities (if there are two refrigerators or TVs in the apartment, the bailiffs have the right to take away one of them, and most likely they will choose a more expensive option rather than an old or broken item of household appliances) ;
purebred pets (dogs, cats, etc.) that have a high value (seizure of such live property by bailiffs is possible only if there are conditions for keeping domestic animals).

If you draw up a deed of gift for property, will the bailiffs be able to arrest it in this case?

Hello Svetlana! By concluding a gift agreement for your relatives, there is a possibility of protecting property from its seizure by bailiffs. True, in this case it is worth considering two quite important points. Firstly, employees of the Federal Bailiff Service (FSSP), in the event of a visit to the debtor’s home, often seize all property located in an apartment or house, except for that which is included in the restrictive list.

Reasons and procedure for arresting the only home in the presence of debts

Debt for utility payments to housing and communal services may become the basis for the application of interim measures against the debtor. The apartment may be seized if the amount of debt approaches its value. A defaulter can be expelled by a court decision from non-privatized housing for violating the rules of its use, expressed in non-payment of utilities. The apartment will then become the property of the municipality.

What can bailiffs take away for loan debts and when can they take away an apartment for a loan debt?

If the defaulter actually lives in the apartment, an inventory of the property takes place in the standard sequence. At the same time, bailiffs do not find out the ownership of things, unless documents are provided for the products confirming their acquisition by a relative.

What can bailiffs take for debts?

First, the debtor is notified in writing that they will come to him to describe the property. The bailiff makes a visit regardless of whether the debtor has read the notice or not. Moreover, the notification of the commencement of enforcement proceedings is given to the debtor personally against signature.

Can bailiffs take away donated housing?

If the deed of gift was drawn up by a notary before the traffic police imposed a ban on the registration of the action, then most likely the court will lift the ban on the car - you need to go to court with an application to lift the ban/release the car from seizure. will be considered in the order of appealing the actions of the bailiff court, you need to file it in the court where the writ of execution was issued. if the deed of gift was issued after the ban was imposed, or was not certified by a notary, then the court most likely will not cancel the bailiff’s order and will not release the car from seizure. in any case, you need to prove that the car not only belongs to you on a legal basis, but also that the legal basis itself - a deed of gift or other agreement - is objective evidence, I mean that people in such a situation often draw up donation or purchase agreements sale of property seized by bailiffs retroactively. Moreover, the deed of gift was drawn up between spouses, and as you know, husband and wife are one Satan.

Can they take away their only home for debt on a loan?

To understand the nuances of this topic and answer the question of whether the only home can be taken away for debt on a loan, it is appropriate to clarify certain provisions of the scandalous innovation. It should be noted that previously, in the high-risk zone there was property under collateral, including houses. This point is an important aspect for people who, without thinking, take out a loan, securing the deal with their only home.

Seizure of Donated Property

Unfortunately, situations happen in life when a person is unable to repay debts, for example, on a loan. In this case, a case is initiated against the debtor to collect the amount of debt from him. After a court verdict is issued, the decision is transferred to the bailiffs, who are obliged to describe and seize the debtor’s property.

Under a gift agreement, the donor gives his movable or immovable property to the recipient free of charge, be it a house, apartment, car or land. But here the question arises: can the deed of gift be taken away and in what cases? To be savvy in this matter, you need to understand everything in order.

Property is an asset that can be taken away in case of non-payment of payments on bank loans. And some people ask the question: can they take away the donated apartment? According to the law, it does not matter what kind of document was issued for the ownership of the living space, the main thing is that its owner is a willful defaulter and has a large debt to the bank.

In this case, the banking structure has the right to file a lawsuit against the owner of the apartment in order to find it and further sell it for full or partial repayment of the resulting debt.

When the deed of gift has already been drawn up and the bank client has become the owner of real estate, according to the law, the procedure for seizing real estate for debts will be the same as with other types of title documents. So is it possible to take away a donated apartment for debts? It's definitely possible.

If this is the only housing, and the owner of the apartment simply has nowhere to live, the bank will have some restrictions, since the state is trying to protect its citizens. In this case, long legal proceedings will begin.

It is also difficult to take away any living space from the debtor, including donated ones, if minor children are registered and live there. The state carefully monitors the rights of children and protects them. This is especially true for their residence, since every child must live somewhere, but under no circumstances should he remain on the street. Therefore, most often, court cases with debtors who have children registered in this apartment remain open, and the bank has to wait for the child to come of age in order to start the proceedings again and try to somehow get their money back.

The borrower donated his property

If the real estate was donated before the client took out a loan, then it is almost impossible to take away the donated housing to another person. But if the gift transaction was completed after the borrower already had a loan and stopped paying it, the court can seize the property and cancel the gift agreement.

Some donors of property are interested in whether it is possible to take back the deed of gift? There are several cases in which it is permitted to revoke a deed of gift.

If a gift agreement has been signed, in which the donor undertakes to transfer his property to the donee in the future, the former may refuse the agreement at certain points. But if the donee is against this act, he can go to court for legal proceedings. And most likely the court will be on his side.

If a deed of gift has been made for a house, can the bank describe the property?

Lawyers won't ask, because... for lawyers this does not matter in the slightest. If the property is not encumbered, the owner can do whatever he sees fit with it (of course, except for actions expressly prohibited by law)

If the house is just property and she gave it to her son before the “graters” arose, then there should be no problems.

A very cool legal term is “graters.” Can you be more specific: who are they, what should be considered their occurrence, and what problems might arise after they arise?

Once again: the only thing that matters is whether there is an encumbrance on the house at the time of the transaction. There is no encumbrance - the owner is free to enter into any legal transaction with his property. There is a registered encumbrance - the notary does not have the right to certify the transaction. Everything else is speculation

The strangest thing in this story for me is how the bank could give such a lot of money to a man on the street. After all, the price of a collateral plot is simply ridiculous! Most likely, her friend’s deal was not the first and he was in cahoots with the bank employee.

p.s. This also fully applies to bank employees.

I don’t quite understand what exactly is wrong? That an unsecured loan resulted in foreclosure on all property owned by the debtor? Has anyone somewhere argued the opposite?

That the bank's lawyers tried to challenge the gift agreement as a fraudulent transaction? So they could try to complain to the UN with the same result. These actions do not fall under fraud. And in general, fraud is already a criminal offense and law enforcement agencies are investigating these acts within the framework of the Criminal Procedure Code, and not bank lawyers. Your notary clearly messed up something or even heard a ringing sound.

Regarding the “familiar notary”, they didn’t try, but in reality the bank challenged the deed of gift (without reaching the UN), because proved his primary right to this property in connection with the exercise of his legal right to return his hard-earned credit money. As for the term “fraud”9, I could be wrong, I don’t know the whole situation, I haven’t personally communicated with the notary and he’s not mine :). I don’t think that in this situation it is reasonable to reject the option of challenging the bank’s deed of gift. Is this exactly what the vehicle is interested in?

This is a very important point. A friend of the TS also has a debt on a loan... I think the TS should pay attention to this, since now they are only worried about the repossession of the donated house, but probably never dreamed that banks have the right to fuck the borrower in full and leave only the slippers, one bed and one cow)).

Then this is truly a unique case. Although, upon closer examination with documents in hand, it may turn out that everything is legal and logical. For example, that the contract was challenged on formal grounds (the address was incorrectly indicated, a deed of gift was drawn up and the recipient did not have time to accept the gift, etc.). Either the property was registered as security or it was seized. However, this does not negate the general state of affairs: the owner has the right to make any legal transaction with his property if it is not encumbered.

Are you missing 101 for your diploma?;) Personally, I don’t believe in the miracles described below. This doesn't happen. There is no legal norm for this. Even in criminal proceedings, when a sanction providing for confiscation is applied, only what belonged to the accused at the time of seizure of the property can be confiscated. And then some bank returned everything back in a civil case.

Sorry, I have no desire to flood even purely theoretically. You are mistaken with BTI. Think about who registers rights and where.

I mean, you don’t just allow a strange “court decision” + lack of appeal, etc.

A friend is registered in Kyiv with her mother-in-law. There's nothing special to describe there. Bank Aval is a former bank, I’m used to calling it that.

A loan in foreign currency, the amount is huge for me personally! Simply unreal for me! What prompted her to believe him and take on such responsibility is unclear. Most likely our “Maybe it will blow through and quickly solve money problems.”

I personally have a sad experience and not such a “all back” decision - you would think that it violates the norms of the Civil Code and logic.

“A strange court decision” - I very much admit that I wrote about it earlier, but I would not make a generalization from this strange decision.

The borrower was given an apartment

In this case, the banking structure has the right to file a lawsuit against the owner of the apartment in order to find it and further sell it for full or partial repayment of the resulting debt.

Owner

The borrower donated his property

Revoke deed of gift

Some donors of property are interested in whether it is possible to take back the deed of gift? There are several cases in which it is permitted to revoke a deed of gift.

Problem

Good afternoon
Due to the loss of my job, my loans and credit cards became overdue. At the moment I am making payments late, sometimes in parts, from one of the banks the process is at the stage of telephone threats. They threaten with court, confiscation of property and even guardianship.

Interested in the following question:
I live and am registered with a minor child from my first marriage in my husband’s apartment, which was purchased before marriage.

But I own an apartment in which my mother and her husband are registered and live.

Can I draw up a deed of gift or a purchase and sale agreement for my mother and will the court, bank or bailiffs be able to challenge this transaction?

Solution

Hello Anna,

As far as I understand from the description of your problem, you own only 1 apartment, and the living space where you currently live belongs to your spouse. In this case, you have absolutely nothing to worry about, even if the SPI (namely bailiffs, not bank employees or collectors, and only after enforcement proceedings have been initiated on the basis of a court decision that has entered into legal force) begin to describe your property and foreclose on your They won’t be able to afford an apartment, because you don’t own any other real estate suitable for permanent residence. (and as for your spouse’s apartment, you can always state that despite the fact that the marriage has not yet been dissolved, you have not lived together for a long time).

Tell me, are you registered in your apartment or in your spouse’s apartment?

The procedure for foreclosure on the debtor's property is described in Art. 69 Federal Law “On Enforcement Proceedings”, according to which:

Collection on the property of the debtor according to writs of execution applies primarily to his funds in rubles and foreign currency and other valuables, including those in accounts, deposits or storage in banks and other credit institutions, with the exception of the debtor’s funds held in collateral, nominal, trading and (or) clearing accounts. The debtor's funds in foreign currency are levied in the absence or insufficiency of funds in rubles.

If the debtor has no or insufficient funds, foreclosure is applied to other property belonging to him by right of ownership, economic management and (or) operational management, excluding property, withdrawn from circulation and property, to which in accordance with federal law cannot be levied, regardless of where and in whose actual possession and (or) use it is located.

According to the provisions of Art. 446 of the Code of Civil Procedure of the Russian Federation, recovery under executive documents cannot be applied to the following property owned by a debtor citizen:

residential premises (parts thereof), if for the debtor citizen and members of his family living together in the owned premises, it is the only premises suitable for permanent residence, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and on it in accordance foreclosure may be subject to mortgage laws;

(land plots on which the objects specified in paragraph 2 of this part are located, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and can be foreclosed on in accordance with the legislation on mortgages;

items of ordinary home furnishings and household items, personal items (clothing, shoes and others), with the exception of jewelry and other luxury items;

property necessary for the professional activities of a debtor citizen, with the exception of items the cost of which exceeds one hundred minimum wages established by federal law;

used for purposes not related to business activities, breeding, dairy and working cattle, deer, rabbits, poultry, bees, feed necessary for their maintenance before pasture (going to the apiary), as well as outbuildings and structures necessary for their maintenance;

seeds needed for the next sowing;

food and money for a total amount not less than the established subsistence level of the debtor citizen himself and his dependents;

fuel necessary for the family of a debtor citizen to prepare their daily food and heat their living quarters during the heating season;

means of transport and other property necessary for the debtor citizen in connection with his disability;

prizes, state awards, honorary and memorable signs awarded to a debtor citizen.

Good afternoon
I am registered in my husband’s apartment, just like my daughter from my first
marriage (minor).
My mother and I live in the apartment that I own.
husband. They are registered there.
Neither I, nor my parents, nor my husband have any more property.
The bank called my neighbors, asked about my family and financial situation, what I lived on and even what I ate.
They say they can lay claim to both my property and the property
spouse (the apartment and car are registered in his name and purchased before marriage).

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Can deeds of gift for shares be challenged because of bank debts?

Hello, my name is Vyacheslav. I am a pensioner who has five loans totaling 1,670,667.1 rubles (what remains to be paid to the banks). I pay off all loans according to repayment schedules. At the time of signing, he owned shares in two apartments, which he later gave to his sons. I work two jobs (two labor jobs) and receive a pension; I don’t have any property. Next month I quit one job (I was hired for a while) and stop because there is not enough money. Without waiting for the trial, I’m going to quit my second job. I prepared statements: “about the lack of funds to pay and resolve the current situation in court” and “about the revocation of permission to process personal data.”

1. Can they be recognized as a fraudster or a willful defaulter on an especially large scale? those. Is there a risk of criminal liability? How to avoid this or deal with it?

Appeal ruling of the Saratov Regional Court dated February 10, 2016 in case No. 33-961/2016

Requirement: On the recognition of invalidity in the law of common residential premises and the application of the consequences of invalidity of the transaction.

Decision: The claim was satisfied, since it was established that the transaction was made to avoid foreclosure on the real estate.

Debts can be transferred to relatives if they are heirs within the value of the transferred property. If it is determined that the debt is joint, that is, spent on the needs of the family, then it is possible to foreclose on the common property of the spouses, and if it is insufficient, on the property of the spouse. However, collecting the debt from the wife in court is not possible.