Can the bank pick up the apartment for non-payment of the loan

Can the bank pick up the apartment for non-payment of the loan

Failure to comply with the conditions of the loan agreement on immovable property is fraught with serious consequences, up to recovery of debt by eviction with subsequent sale of credit housing. Since until the moment of full repayment, the collateral property is the subject of the contract, then in the case of non-payment, the object is subject to alienation. Cardinal measures are accepted in rare cases, but are common among large debtors.

1
Select an apartment can, but only by court decision. Threats to evict the bank and collector office do not have a legislative basis. Often, the problem is trying to solve peacefully, without judicial intervention. A similar phenomenon is distributed in cases of insolvency of the borrower for good reasons.

2
The bank can mince the loan payment or increase credit period. Such concessions take place among customers who have become a victim of circumstances, namely: lost work, need operations or expensive treatment, force majeure.

3
The claim to recover the debt can be put forward to malicious defaulters by finding valuable things, household appliances, bank accounts, shares, movable property, bonds. Such a debt seizure can be carried out by the decision of the ship process. The court can resort to such verdict only after considering the circumstances of non-payment and debt size.

4
There is also a list of property that cannot be seized for debts:

  • clothes and shoes;
  • dishes (with the exception of expensive sets, for example, crystal);
  • adaptations of work activity;
  • products;
  • medals, letters, awards;
  • animal farm (within the minimum standards for personal consumption);
  • salary no more stipulated minimum wage;
  • residential real estate, if not the main and only place of residence, with the exception of collateral.

5
If your accommodation is considered equity, problems may arise. Bailiffs are obliged to separate the share of the debtor without prejudice to the rest of the family. If a minor child lives with you, the eviction will not take place until there is permission from the Board of Trustees. At the same time, you can defend your rights in court on the basis of the established circumstances, seeking justice.

6
If your home or apartment is decorated in a mortgage and at the same time you do not have the ability to fulfill credit obligations, then do not wait anything good - the apartment can be selected on legal grounds, since it is the ownership of the creditor bank.

7
If you have a big consumer loan, you can lose the housing in case of the ratio of the debt and the cost of real estate. Under the equivalent debt, the court recognizes the recovery of at least 80% of the average cost of the apartment. For example, if the sum of debt 200 thousand, and apartments are 1 million rubles, then your apartment will not be taken.

In the risk group there are private entrepreneurs who can actually lose everything they have in the event of a long delay in credit payments. In such situations, it is necessary to resort to the services of qualified lawyers who can wrap the case somewhat differently and mitigate the court decision.

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