What is needed
If the seizure of the apartment is not lifted for a long time, it is necessary to find out which of the government bodies - Rosreestr or the bailiff - violated the deadlines established by law.
The basis for lifting the arrest from the apartment will be:
- Resolution of the bailiff to remove the encumbrance from the debtor's property.
- The relevant decision or ruling of the court.
Rosreestr does not have the right to independently make a decision to remove the encumbrance from real estate. He can do this only on the basis of a document received from the court or bailiff.
Expert opinion
Lawyer Alexander Vasiliev comments
If, during the preparation of the transaction, it turns out that there is an encumbrance on the apartment, it is necessary to find out from Rosreestr on the basis of the decision of which body it appeared. This information is in the extract from the Unified State Register of Real Estate, which can be obtained by an interested person.
After receiving information about which bailiff seized the apartment, you need to contact him to clarify all the circumstances. As a rule, encumbrances are lifted when the requirements contained in the writ of execution are met. However, it is also possible to lift the seizure of property early due to violations.
Removal of seizure of property by bailiffs
The arrest procedure is entrusted to FSSP officers. However, they will be able to carry out these activities only after receiving the appropriate decision specified in the enforcement proceedings. Actions must take place only within the framework of the law, without violating the rights and freedoms of the debtor.
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If you have fulfilled your debt obligations a long time ago (for example, the court decision was made a year ago), then you need to talk to the bailiff and show him the documents that confirm your words. If you do not reach an understanding, you will have to go to court.
Withdrawal period
The rules for lifting the seizure of the debtor’s property are defined in Article 80 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”.
The period for the bailiff to remove the seizure from the apartment depends on the reason for which this action is being carried out. If the debtor has fully repaid the debt under the court decision and enforcement fee, the encumbrance is removed upon completion of the enforcement proceedings. In this case, the debtor can contact the bailiff with a statement that the debt has been repaid. The bailiff will have to consider such an application within 10 working days from the date of its receipt by the bailiff (Article 64.1 of the Law on Enforcement Proceedings). An additional 3 working days are added to this period for transferring the application within the FSSP department.
If the arrest is lifted due to its cancellation or appeal, the period for its cancellation depends on the time of entry into force of the relevant document.
The bailiff is obliged to send his decision to lift the arrest to Rosreestr within 3 days (excluding non-working days).
The resolution is sent in the form of an electronic document using the system of electronic interaction between government bodies (Part 8 of Article 80 of the Law on Enforcement Proceedings).
Having received the bailiff's order, the relevant territorial branch of Rosreestr registers the removal of the arrest in the Unified State Register of Real Estate (USRN). The deadline for this action is 3 business days. It is established by clause 1 of Art. 16 of the Federal Law of July 13, 2020 No. 218-FZ “On State Registration of Real Estate”.
After the seizure of the apartment is lifted, Rosreestr will send the owner a written notification about this.
Expert opinion
Lawyer Alexander Vasiliev comments
The general period for lifting the arrest from an apartment or other real estate is 6 working days from the moment the removal order was issued. The issuance of this ruling may take more than two weeks.
Exceeding the listed deadlines may mean that any of the government agencies involved has violated the deadline for processing documents.
Is it possible to negotiate with a bailiff to remove the seizure from a bank card, without the participation of the court?
You can also contact a notary at the place where the inheritance was opened. in case of refusal of the claim, it is necessary to recognize the right of ownership of the real estate. Respectively. You why you will be entitled to this share. According to the will, you need to apply to the court for eviction, that is, they may have one of the co-owners of the house or property, in the event of the death of the owner of the house that you are seeking to write. But at the same time, it is necessary to clarify the procedure for use, which may cause problems with dispute resolution.
After the court decision enters into force, enforcement proceedings are terminated by directing the court to present the seller of this property or to perform actions or inactions or interim measures when taking it from you, indicating the need to sell the debtor’s property.
What to do if the arrest is not lifted
If for any reason the documents are not received from the bailiff, the owner of the property (debtor) can independently submit to Rosreestr the bailiff’s decision to lift the arrest from the apartment. To do this you need:
- Application to lift the seizure of real estate belonging to the applicant;
- Resolution of the bailiff (original on paper, signed and sealed).
These documents can be submitted through the MFC or by mail, sending them to the Rosreestr branch at the location of the real estate.
If the desired Rosreestr branch continues to accept documents in person, the application can be submitted directly there. But in many regions this practice has been stopped, and Rosreestr accepts documents only through the MFC.
Some MFCs conduct so-called extraterritorial acceptance of documents. This means that through such a branch you can contact the Rosreestr authority, which is located in another region.
Rosreestr is obliged to review the received documents and remove the encumbrance from real estate within 3 working days (Clause 1, Article 16 of the Law on State Registration of Real Estate).
If the arrest is not lifted for a long time, it is necessary to find out why this happened and which government agency is not fulfilling its duties. This is necessary to file a complaint about his inaction.
Removing an apartment from seizure
Sometimes there are situations when debtors receive threatening letters from creditors stating that the apartment has already been seized, while there has not yet been a court decision and nothing is known about the proceedings. If necessary, each citizen can verify the veracity of the information received; perhaps this is a common way of pressure from the claimant. People who have huge debts should all the more worry and find out whether the apartment has been seized or not, since the bailiff can at any time apply such a measure based on a court decision. Also, when planning to purchase a home, it will be useful for the buyer to find out the legal purity of the property.
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Resolutions of the inquiry body, the inquirer, the investigator, the head of the investigative body on the refusal to initiate a criminal case, on the termination of the criminal case, as well as other actions (inaction) and decisions of the inquirer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the head of the investigative body and the prosecutor, who are capable of causing damage to the constitutional rights and freedoms of participants in criminal proceedings or complicate citizens' access to justice, can be appealed to the district court at the place where the act containing elements of a crime was committed. If the place of conduct of the preliminary investigation is determined in accordance with parts two to six of Article 152 of this Code, complaints about the actions (inaction) and decisions of these persons are considered by the district court at the location of the body in charge of the criminal case.
Complaint against the bailiff
If the arrest is not lifted due to the fact that the bailiff untimely issued a decision on this, or did not send it to Rosreestr, the applicant may file a complaint about his inaction. A complaint can be filed:
- Higher bailiff;
- To a court of general jurisdiction in the form of an administrative claim (if enforcement proceedings are conducted on the basis of a document issued by a court of general jurisdiction);
- To the arbitration court, if it previously issued a writ of execution.
Read more about the procedure for appealing the inaction of a bailiff here.
Removing a seizure from an apartment imposed by a bailiff
- According to the general rule, in the event of seizure of material assets, the debtor has 30 days to repay the debt. A dispute brought by persons who did not take part in the case related to the ownership of the property subject to foreclosure is considered by the court according to the rules of claim proceedings.
- The defendants in such claims are:
- But the bank itself does not have the right to do this. And such information will not be reflected in the statement.
- Thank you very much, Lyubov Petrovna!
If the court rules on the seizure of property, the bailiffs will independently sell the apartment at open auction in the form of an auction. A restraining order on the only housing can be imposed by bailiffs in order to ensure the execution of a court decision containing demands for property penalties.
Complaint against Rosreestr
Missing the deadline for lifting the arrest from the apartment can also occur due to the fault of Rosreestr. If all the documents from the bailiff are received on time, but Rosreestr does not lift the arrest from the apartment, its owner can file a complaint about the inaction.
A complaint about the inaction of Rosreestr authorities can be filed:
- the head of the relevant body of Rosreestr or
- to a higher authority.
A pre-trial complaint can be submitted by mail, through the MFC or the State Services portal, or at a personal meeting with the head of the Rosreestr branch. It is also possible to submit using a special service provided on the Rosreestr website. The complaint is drawn up in free form. However, it must indicate:
- The name of the Rosreestr unit that delayed the registration of the removal of the arrest;
- Applicant details – full name, address, phone number;
- Description of the applicant’s situation - why the arrest should have been lifted within certain deadlines, which turned out to be missed;
- You can attach documents confirming its requirements to the complaint (for example, a copy of the submitted application to Rosreestr with a mark of its acceptance);
- Date, signature of the applicant.
The complaint must be registered within 3 days from the date of its receipt. The period for consideration of the complaint is 15 working days from the date of its registration (Clause 6, Article 11.2 of the Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services”). In exceptional cases, this period may be extended.
Expert opinion
Lawyer Alexander Vasiliev comments
If, based on the results of consideration of the complaint, it was found to be justified, the removal of the seizure from the apartment must be registered no later than 5 working days from the date of the relevant decision on the complaint.
Rosreestr’s refusal to lift the seizure of an apartment can also be appealed in court on the basis of the Law on Registration of Real Estate (Articles 2 and 7). If the applicant is an individual, he has the right to file an administrative claim in accordance with Art. 218 of the Code of Administrative Proceedings to a court of general jurisdiction. If the applicant is a legal entity or individual entrepreneur in connection with commercial activities, the application is submitted to the arbitration court.
How to remove a lien from an apartment
A judicial authority may seize property at the request of the plaintiff or other interested participants in the case. This measure is used to secure claims and prevent the defendant from selling the apartment, since if the property is sold, the execution of the court decision will become difficult.
If a share of an apartment is seized, then all the specified rules apply to the owner of the part and the prohibition procedure is carried out in a similar manner, only not the entire area of the apartment, but for a specific share that is owned by the debtor.
11 Mar 2020 lawurist7 269
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