The sale of seized property by bailiffs is already quite a common process. It does not cause special questions among citizens. More precisely, faced with the sale of confiscated or seized property, no one will worry too much. This process has its own procedure, as well as the conditions and rules of the conduct. All this is extremely important, moreover, it is all enshrined in law. Let's try to figure out exactly how the bailiffs can sell this or that property that was seized from the owner. What needs to be prepared by contacting this process?
All according to the law
To begin with, the procedure for the sale of seized property by bailiffs is regulated by law. Moreover, there is a special article in Russian law that governs the rules for the sale of seized property. The rules are attributed to the law "On Executive Record Keeping". We will need article 87.
Here you can see many features prescribed for each type of property. It is important that, according to the laws, in some cases the debtor has the possibility of self-realization. For this, the “cost” of the process should not exceed 30,000 rubles; there are no disputes regarding this figure. The phenomenon is very rare. Otherwise, the seized property is sold by bailiffs.
How do they act
But what kind of process is this? What to expect? How exactly will everything happen? There are a lot of questions regarding our topic today.
Everything is extremely simple and easy, if you carefully understand. The very procedure for the sale of property that has been seized or seized by a court is called a sale. That is, bailiffs and authorized bodies will conduct a transaction of purchase and sale of property by citizens. This process no longer causes any suspicion or concern. After all, the system has long been known to everyone. Moreover, citizens quite often resort to the purchase of property confiscated or seized by a court. Especially when it comes to real estate. Why? About this - a little later. First you need to find out how the sale of seized property occurs. After all, everything has its limitations and timing.
Second chance
You should not rush into the implementation. This process begins with the fact that a citizen is seized his property for one reason or another. The bailiffs notify the person of his debts and send him the relevant documents that speak of the seizure of property. This process is perhaps the most important. After all, no one can just come and take property. Everyone should be given a chance by law.
For what? To pay off debt. After all, the process of selling seized property by bailiffs begins when a citizen has a serious debt. That is how practice shows. In this case, the maturity thereof is also clearly established. A citizen has the right to close debts within 30 days after notification of confiscation. If no action is taken, you can say goodbye to your property. It will be seized and then handed over for sale by bailiffs.
Rating
The first and very important stage that must be carried out before the start of the sale is the assessment of the seized property. You can’t do without it. By the way, you have to invite an appraiser for this. He will quickly be able to establish the real value of the property at which he will have to sell it.
Everything is evaluated: securities, real estate, and jewelry. True, most likely, the cost of these goods will unpleasantly surprise. Practice shows that seized property is usually not rated too high. Even if in reality it is of particular value.
What is needed for the sale of property by bailiffs? The procedure, as we have already found out, begins with a property assessment. So, a notification about the seizure of property was sent to the citizen, 30 days passed, and the debt was not paid off. Now you need to evaluate the property as soon as possible and put it up for sale. To meet the challenge of the appraiser will have one month. A listing of property by bailiffs without an assessment is considered invalid.
At what price will this or that price be set? If the property does not have any features, then its market value will be taken. After the bailiff receives the results, you can begin the direct implementation. In reality, there is nothing difficult in this. Especially for buyers.
How to sell
The sale of seized property by bailiffs, as we have already found out, takes place through the sale of property. This is a fairly common case. What was withdrawn is simply put up for sale by bailiffs for a period of time, at the prices that the appraiser issued.
True, there is one feature. The thing is that the sale of confiscated property by bailiffs, when it exceeds the cost of 500,000 rubles, occurs through an auction. At the same time, it is worth paying attention to the fact that most often such a process relates to real estate - apartments, houses, land plots. It turns out that the auction is the main way of implementation.
Putting up for sale of seized property takes place by the bailiff using special official resources. And the process is completely controlled by the authorities. That is, it is almost impossible to find the seized property on some amateur sales site (for example, Avito). You will still be redirected to a special base that relates to a particular court in Russia.
The timing
We will pay special attention to the duration of our action today. The deadlines for the sale of seized property by bailiffs are clearly set. They are not too big. How much is given for this process? Less the owner’s notice, as well as the valuation, only 2 months remain for tendering and auctions.
What will happen if you do not meet this time period? Nothing wrong. Just unrealized property will begin to fall in price. Every 2 months, delays reduce the cost of ownership by 15%. It turns out that the longer they do not buy, the lower the price will ultimately be.
If we talk about the auctions, the bailiffs on the website "Property Management" lay out the possible options for the goods, as well as the timing of the process. If by that time a certain number of participants is not recruited, the bidding shall be considered invalid. This means that now real estate will be put up for a second process, but it is already 15% cheaper. The price tag goes down until a successful deal is made. There are no restrictions in this regard.
After the bidding or transaction of sale has taken place, the bailiff draws up the relevant act. It should contain all the data on the product. This procedure does not cause any problems, because citizens are not directly involved in it. All that a buyer should know is simply information about what he is acquiring. It must be notified of the features of the property. More precisely, to inform that this is seized property. Some still do not trust such deals.
Not always possible
The procedure for the sale of seized property by bailiffs is simple. As you can see, there is nothing special about this. Only the compilation of numerous acts, reports and notifications. But there are some limitations.
For example, property that was given on bail cannot be seized. In addition, this restriction applies when the amount of the debt does not exceed 3000 rubles. The phenomenon is rare, but it does occur. It turns out that it is not always and not in all cases that arrest can be made. As a result, implementation is also not performed.
For the recoverer
That's not all. If you rely on the data described in the laws of the Russian Federation, then in the absence of the sale of property within a month, bailiffs send a notice to the collector with a proposal to keep this property. Or rather, redeem it.
Here the citizen is not limited by anything. He necessarily sends his answer to the appropriate authorities. 5 days are given for reflection. This is the period established by law. With the consent of the collector to keep the seized property, the repurchase occurs at a discount. Which one? 25% must be subtracted from the indicated market value. It is at this price that recoverers have the right to redeem property.
If the answer was not received or the citizen issued a refusal, bidding does not continue immediately. Instead, the right to return the property is transferred to the debtor. In this case, you have to pay off the debt, as well as redeem your property. In practice, this phenomenon is extremely rare. After all, usually a short conversation with debtors.
Is it worth it
In principle, the procedure for the sale of seized property by bailiffs is understandable. She is extremely simple. A notice is sent to the debtor, then he is given a month to close the debt. If this does not happen, then an inventory of the property will be carried out with the mandatory participation of the appraiser. Of course, this process involves the preparation of the relevant act. Further, the goods are put up for sale, most often at auction. It is possible to reduce the cost by 15%, if the property was not sold within the time period established by law. And so again and again. Nothing difficult.
Only now, some buyers have a question: is it worth it to get involved with the purchase of seized property? After all, some are afraid of fraud and problems. Practice shows that there is no reason for concern. Moreover, at auctions it is often possible to buy someone's property (especially real estate) at affordable prices. If you are used to being cautious, ask the bailiffs for complete information about what you are going to buy. They should explain to you why the property was seized.
Contract
In fact, everything is much simpler than it seems. The sale of seized property by bailiffs is a fairly common process. Moreover, it is in great demand among citizens. There are reasons for this. For example, the cost of ownership.
However, it is not always worth panic if property was seized from you. In some cases, bailiffs can meet you. That is, when for some reason you were unable to pay off the debt and prevent inventory. This rule applies to cases where property is of particular value to the owner. In this situation, you can try to agree. For example, to extend the maturity of a debt. This is not entirely legal, but there is such a prospect. So if you are a victim of debt, do not panic. Try to negotiate, pay off the debt and recover your property. Or redeem it when the opportunity presents itself.
