Foreclosing on the debtor's only home. It is possible that the courts will be able to foreclose on the debtor’s only home if its area is twice the norm for the provision of residential premises. Ministry of Justice foreclosure on the only home

Discussions around the sensational bill on depriving debtors of their only home have been going on since November 2016. As a result, the Ministry of Justice proposed to reconsider aspects of the project that raised many questions and at first glance seemed unfinished.

Now the defaulter’s only home cannot be seized for further resale. But if the recently introduced amendments are approved, the bailiff will be able to use the debtor’s apartment as an object for reimbursement of borrowed funds.

Bill

The Ministry of Justice has already published changes made to the bill on depriving debtors of their only housing. According to the amendments, living space can be taken not from every defaulter, but only from some of them. This category includes people who refuse to pay alimony or criminals who harm the health of the family breadwinner, which subsequently could lead to his death, and then refuse to compensate for the damage.

One of the features of the changes is that housing can be seized without linking the debt to the timing of the borrower’s obligations to the lender.

The decision to amend the articles of the Civil Procedure Code of Russia was made at the end of 2016. According to the wording, it was proposed to preserve the borrower’s only house inviolable, but only when its area does not exceed 2 times the size of the living space for the defaulter and his family members.

From the very beginning, the bill on the debtor's only residence included a scheme according to which the debtor could purchase another residential premises, and part of the proceeds from the sale of the previous one was to be used to repay the debt. To reassure people, the Ministry of Justice drew attention to the fact that during the purchase and sale process, the borrower and his family members will not simply be kicked out into the street for a single day, but will always remain with a roof over their heads.

First of all, the federal bill will affect the worst defaulters, that is, those who hide or simply refuse to repay the debt. Today, the bailiff service database contains 880 thousand proceedings regarding alimony in the amount of 134-135 billion rubles and 107 thousand proceedings regarding compensation for damage caused by criminals totaling more than 100 billion rubles.

In order to slightly reduce the momentum of the huge public outcry that was caused by the proposed bill, the Ministry of Justice immediately drew attention to the fact that it would be impossible to seize housing for debt on loans or for debt on utility services. The court may also change the amount of the penalty in favor of the debtor, taking into account his financial condition, if we are talking about a person who is responsible for paying alimony.

Can bailiffs seize the debtor’s only home?

It’s worth saying right away that the bailiff can seize the only residence, the main question is under what conditions and under what circumstances can he do this? The very purpose of collection is to control the debtor and deprive him of the rights to perform certain actions regarding his living space, these include:

• sale of apartment. As a result, the owner of the property will change, which will entail problems in repaying the debt by the borrower;
• entering the premises into the will;
• using housing as collateral;
• rental.

If the debtor does not agree with the seizure, he can file a counterclaim. But there are no guarantees that the case will end with his arrest being lifted. The debtor must have compelling reasons for this, for example, a small child living in the apartment. But in this case, the bailiff still has the right to seize, but for the purpose of securing a court decision, and not as a subject for debt collection. In this case, the defaulter will be able to live in the house with his child, but he will no longer be able to sell or donate the apartment.

The procedure for deprivation

To begin with, it is worth understanding what kind of housing will be subject to foreclosure for debts? According to the amendments, this includes the following categories of housing:

1. Residential premises with an area exceeding twice the standard for the borrower and all members of his family.
2. The debtor's apartment may be subject to seizure if he has personal debts, for example, for personal injury, debts for alimony or credit loans, but only under special conditions or if the amount was taken after the law came into force.
3. Housing, the cost of which is two or more times higher than the market price of another apartment in the same region and with a similar area.

The latest amendments allow bailiffs to set restrictions on the registration authorities of citizens of the Russian Federation and the debtor directly on the registration of new residents in his own apartment or house, but only if they are not minor children.

Within 1 week after the decision of the judicial authorities to collect the defaulter’s only home comes into force, the bailiff, based on the consent of the debtor, must send him an offer to purchase another premises at the price that will be set by the court. If the borrower does not give his consent or the bailiff is in no hurry to conclude an agreement for the purchase of suitable housing, the apartment will be put up for auction within the next 10 days, at a price determined by the court. If the premises are not sold, after another 10 days the price may fall in order to increase the likelihood of sale, but by no more than 5% of its original level.

The bailiff can return the house back to the debtor if he has not found his buyer after the secondary auction. But after 12 months, he has the right to go to court again.

If there is such a need, the debtor may ask to increase the minimum amount for the purchase of another residential premises, but the premium cannot exceed 20% of the previously established cost.

The defaulter has 3 months to purchase a new home. If during this time the issue has not been resolved, all the money goes to the balance of the municipality, then they will be the ones who will search for suitable living space over the next 2 months. According to the bill, the debtor will have 14 days from the date of purchase of the new residential premises to move to another house.

Eviction

If the bill is approved, the process of depriving a single home will be applied in isolated cases. This is due to many restrictions and numerous disputes over whether the terms of the bill currently being considered violate the constitutional rights of citizens of the Russian Federation. After all, the constitution contains clear wording that everyone has the right to housing, but there is no mention of the payment of debts, except those provided for by taxation. . The debtor will have to sell his only home, but only if it is not is collateral bank or not taken out on a mortgage.

At the moment, the borrower's only living space is inviolable. But taking into account more reasonable modifications, the bill is gradually gaining the necessary strength and trust. In order for the bailiff to have legal grounds to arrest and further sell the debtor’s only apartment, he only needs an amount of debt that is at least 5% of the full market value of the apartment or house.

The only housing of the debtor in bankruptcy

The procedure by which the seizure and resale of the only home during bankruptcy will take place has not yet been determined. This issue is still under deep discussion. Even for those who are just about to initiate bankruptcy, the procedure for action remains unformed.

But according to preliminary data, bankruptcy can play into the hands of the borrower and, in a sense, save his situation. Already now, experts recommend that the debtor register in a single apartment if he is registered elsewhere, since according to the law, the court cannot impose a penalty on the only apartment of a bankrupt, but write off debts in force.

Features and nuances

One of the features of the bill on the debtor’s only housing is its focus on the protection of minor children. Also in the latest amendments it was said about ensuring judicial protection of the rights of borrowers, in the future collectors, regarding the execution of a court verdict on the payment of debt and the rights of the defaulter to their own housing.

The Ministry of Justice draws attention to the fact that the bill does not talk about any kind of consolidation, that is, the creation of a communal apartment or the alienation of part of it for the purpose of housing strangers.

If the defaulter still loses his home, the scheme by which the repossession process will take place will look like this:

• first, the judge makes a verdict in favor of the borrower;
• the bailiff begins the procedure for confiscating the apartment;
• as a result, the living space is put up for auction and sold;
• at the last stage, the defaulter receives enough money to purchase an apartment that meets the minimum regulatory requirements.

The bill will remain under consideration for some time, and it is not a fact that it will ultimately be adopted. But it has already been proposed to conduct a similar experiment on eviction in any of the regions of Russia in order to check how the proposed scheme works and what improvements it needs.

The bill on foreclosure of a single home defines a debtor as an individual who is able to pay off his own obligations to creditors only through a single home. If this situation becomes more complicated, it can be seen that an apartment often not only provides a citizen with housing rights, but also serves as a luxury item. Thus, foreclosure on the debtor’s only home is prohibited by law. In turn, the courts make some changes and additions here, due to which in practice everything is not so clear-cut. After all, it often happens that a bankrupt has several apartments, so there is a need to determine which one to leave as the only home.

Difficult situation requiring foreclosure

It often happens that a citizen has some debt directly to the creditor. Often this situation is complemented by the fact that of the property complexes at their disposal, the value of which would cover the debt or most of it, there is nothing besides housing. That is why it would be advisable to consider foreclosure on the debtor’s only home and its procedure.

In any case, a citizen needs to know that in accordance with the second part of Article 78 of the Law “On the Proceedings of Enforcement”, in the process of executed proceedings, which are initiated through the relevant enforcement documentation in favor of the mortgagee directly, foreclosure on the property is applied in one way or another, regardless of whether , if the mortgagor (debtor) has other property.

It is important to note that the practice of foreclosure on the debtor’s only home shows that current situations can be classified into two components:

• Mortgage housing.
• The only housing.

Mortgage housing and all the nuances of the relevant situation

The Federal Single Home Foreclosure Act states in Article 1 that, under a real estate mortgage agreement (in other words, a mortgage agreement), the mortgagee (the first party), who is the immediate obligee of the obligation secured by the mortgage, has the right to satisfy its own claims in monetary terms to the debtor through this obligation from the value of the pledged property of the mortgagor (the second party), as a rule, to other creditors of the second party, with the exceptions established by federal law.

Thus, foreclosure on the only residence implies that in the case of securing a mortgage loan through an apartment, it does not matter at all whether it serves as the only residence or not. The provisions of the Russian Civil Code say that the bank that provides this loan has the absolute right to foreclose on the debtor’s housing. It must be added that in this situation, delays must be at least systematic, that is, observed more than three times during the year. In addition, the amount corresponding to the loan must exceed five percent directly from the cost of housing.

Additionally

By the way, in the event that the mortgagee prefers to keep the subject of the mortgage (for example, an apartment that currently belongs directly to the mortgagor) for himself in accordance with the procedure established by the Law in relation to mortgages, and the value that can be obtained for the residential premises is not entirely sufficient to completely cover the obligations to the mortgagee, the debt in terms of the obligation secured by the mortgage loan is fully repaid, in addition, the obligation secured by the mortgage is necessarily terminated. The practice of foreclosure on the debtor's only home shows that the debt under the obligation secured by a mortgage loan is repaid if its amount is equal to or less than the value of the mortgaged residential property. It is important to add that this value must be determined precisely when the mortgage loan is formally created. This provision is given in accordance with the fifth paragraph of Article 61 of the Federal Law “On Mortgage”.

It is important to add that in any case, there is a need to carefully study the content of agreements that are concluded with one or another banking structure, because fundamentally different lending conditions may be provided there. This means that the algorithm of actions will fundamentally change.

What else do you need to know?

It should be noted that the foreclosure of the only housing and the further sale of this property serve as a significant reason for terminating the right to use it of the mortgagor, as well as other persons who live in this apartment or house. An important condition here, one way or another, is the pledge of property in accordance with a mortgage lending agreement or a mortgage by force of law as an absolute guarantee for the return of a targeted loan or credit provided by a banking or similar structure developing the relevant activity. By the way, the provision of a loan for the construction or purchase of residential premises, as well as its major repairs or fundamental improvement in terms of layout, can be carried out by another legal entity.

If, before the formation of debt and registration of a mortgage loan, a rental or rental agreement for the relevant residential premises was signed, then foreclosure on the only housing and the direct sale of this real estate through auction assumes that the relevance of the rental or rental agreement in one way or another remains.

By the way, in accordance with the law (Article 78 of the Federal Law “On Mortgages”), two methods can be considered in relation to foreclosure on residential real estate:

• Through the court: in order to implement the foreclosure, it is imperative to apply to the judicial authorities with the appropriate claim, and only after the court decision is received, it becomes possible to transfer the housing for the purpose of its implementation.
• In a manner that excludes trial. In this case, foreclosure on the only housing through the court is irrelevant. Here, only an official agreement between the bank (or another banking structure) and the borrower, certified by a notary, is sufficient. By the way, this method implies consent to foreclosure not only from the mortgagor, but also from the people who directly own the property in accordance with the law of general ownership. For example, from a spouse, other co-owners, or from guardianship authorities.

Current provisions

In this chapter, it would be advisable to consider the foreclosure of the only housing in 2017. The fact is that on 02/02/2017 the discussion of an interesting draft law in society was completed, which was developed by government authorities in order to implement the position of the Constitutional Court of Russia. It should be noted that it was expressed five years ago. In accordance with it, the court explained that immunity from the collection procedure must necessarily apply to housing that is sufficient to fully satisfy the housing issue.

Previously, recourse and foreclosure against the debtor’s only home (2017 changed the situation) was prohibited in accordance with the Civil Code of the Russian Federation (procedural). The only exceptions were premises that were the subject of mortgage lending. Currently, the relevance of this provision, fortunately or unfortunately, has been exhausted.

Thanks to an innovative project, today the size of housing, as well as its value, allowing foreclosure of the mortgaged property (the only housing) are subject to specific determination. Thus, it is possible to foreclose on residential real estate, the size of which is slightly larger than twice the norm for providing housing space both for a citizen who owes money to the state, and for absolutely all family members directly living with him. The corresponding norm is established by local authorities. So, in Moscow it is equal to eighteen square meters per person.

By the way, today the cost of the premises itself will have some influence on the foreclosure of housing. Thus, it should not be less than twice the cost of the given real estate, which in size corresponds to the norm for the provision of housing space. It is important to note that the average specific value of the cadastral value of real estate for a cadastral quarter in relation to the territory of a constituent entity of Russia is also taken into account. Such characteristics, as a rule, undergo the approval procedure under the legislation on valuation activities.

New bill and its features

The innovative project provides that the opinions of government representatives accompanying the foreclosure of the only housing are argued on the following points:

• Foreclosure is permitted if the debtor does not have any cash or other relatively expensive property sufficient to fully satisfy the demands of the recoverer.
• Foreclosure is possible if there is no obvious concomitant disproportion between the size of the claims and the direct cost of the only residential premises in enforcement proceedings.
• As judicial practice shows, foreclosure on the only housing is possible provided that the salary and other current income of the debtor citizen are disproportionate to his obligations.

The clear basis for foreclosure is the determination of the judicial authorities, adopted on the basis of an application from the claimant or the bailiff. The currently relevant project interprets what information must be included in this type of documentation. The most important thing here is that the court sets the minimum amount of the amount that is sent to the debtor immediately after the sale of his residential premises. This amount, as a rule, goes towards the purchase of new living space. As a rule, it has a standard framework and is considered normal for living in full order.

People's reaction to the law

The bill regulating the foreclosure of the debtor's only home has undoubtedly given rise to varied public discussions. On the one hand, people are absolutely confident that this project will finally end the complete impunity of many debtors, and creditors will finally be able to satisfy their demands in accordance with the law. This project, as the Russians believe, will eliminate from the human consciousness the idea that you can borrow money and not give it back (after all, nothing in this world just happens). How many transactions regarding apartments will be saved by such an interesting and useful bill!

On the other hand, society requires serious revision of the new decree, because it does not exclude the debtor from having a certain number of children, who as a result may suffer the most. But, in fact, they are not to blame for anything.

The only housing

If the housing is not under mortgage and the citizen is registered in it, and in the Unified State Register of Real Estate Rights and the State Real Estate Cadastre there is no data on other premises that belong to this debtor citizen, the apartment or house is considered his only home .

The Code of Civil Procedure of Russia says that foreclosure on the only housing that is pledged is impossible, just as it is impossible to foreclose on it if for the debtor and his family living in a given residential premises, this housing is the only one suitable for full-time living. on permanent terms.

Thus, the law fully ensures the protection of the rights of the debtor citizen to organize housing conditions, but brings the other party to the obligation (the creditor) into a situation where the debtor has property, but it is impossible to foreclose on it. Paradox!

Everything was resolved by Resolution No. 11-P 14.05

2012, the Constitutional Court of the Russian Federation issued Resolution No. 11-P, where it in no way recognized that the provisions of Article 446 of the Civil Procedure Code of the Russian Federation contradict the Constitution of the Russian Federation, since they are primarily aimed at ensuring absolute protection of the constitutional right to receive normal living conditions, but at the same time introduced some restrictions.

What is the court's position? There are a number of facts that are relevant today. Firstly, the constitutional right to housing ensures the absolute fulfillment of a function that is very significant for society, and also allows a citizen to realize key rights and freedoms. The right to adequate living conditions closely interacts with the principle of the Constitution, according to which the individual is considered nothing more than the highest value. Thus, nothing can become a reason to diminish his dignity. That is why, in the process of ensuring the absolute satisfaction of the interests of the creditor in terms of property, the legislator must necessarily guarantee the debtor the right to provide certain living conditions.

Secondly, immunity in relation to property in the only housing belonging to the debtor and, of course, his family, which is established by the second paragraph of part one of Article 446 of the Civil Procedure Code, serves as an absolute guarantee of the socio-economic rights of these persons in the field of legal relations regarding housing and in no way contradicts the Constitution of the Russian Federation.

What else?

Several conclusions of the court's position regarding the reaction of Resolution No. 11-P were discussed in the previous chapter. What else is relevant today? Thirdly, the extension of immunity in terms of property to housing, the dimensions of which slightly exceed the average values, and its value is quite sufficient to fully satisfy the creditor’s requirements, significantly upsets the balance of interests of a legal nature relating directly to the participants in enforcement proceedings. Thus, immunity for this type of residential premises is completely unfounded. It disproportionately limits the legal rights of the creditor. That is why the Constitutional Court of the Russian Federation made it the duty of the legislator to clearly establish the limits of immunity in terms of property, as well as to provide guarantees that argue for maintaining the living conditions for the debtor citizen and, of course, his family, necessary for normal existence.

In addition, the legislator is obliged to organize the procedure for foreclosure on the debtor’s housing, as well as to clarify the list of persons who live together with the debtor citizen. The Constitutional Court of the Russian Federation noted that the process of foreclosure on such residential real estate (or some part thereof) should be carried out exclusively by court decision and only if the judicial authority considers that it in any case exceeds the standards established by law, and the debtor's income is disproportionate to his obligations directly to the creditor.

The corresponding bill has been posted by the Russian Ministry of Justice for public discussion. It is planned to make another exception to the current rule that the debtor’s only home cannot be levied under enforcement documents. In accordance with the bill, debtors will be deprived of their only housing if its size is more than twice the legal standard for providing the area of ​​residential premises, and its cost exceeds more than twice the cost of the standard for providing such area. For example, in Moscow this norm per person is 18 square meters. m, and for a family of three citizens, which includes spouses, up to 62 sq. m (Moscow Law of June 14, 2006 No. 29 “On ensuring the right of Moscow residents to residential premises”).

In Voronezh, the standard for providing residential space is 14 square meters. m, but not more than 18 sq. m of total area per person (clause 2 of the Decision of the Voronezh City Duma of July 7, 2005 No. 102-II " ").

Let us remind you that at the moment there is only one case when the only housing can be taken away: if it is the subject of a mortgage (). This rule will remain in place.

In addition, it is planned to supplement with new articles the Code of Civil Procedure of the Russian Federation and the Federal Law of October 2, 2007 No. 229-FZ " "According to the amendments being made, it will be possible to impose a foreclosure on the debtor's only home on the basis of a court ruling at the request of the claimant or bailiff. The court has the right to make this determination within two months from the date of receipt of the application to the court at the location of the real estate, at which are supposed to be foreclosed on. Then, with the consent of the debtor, the collector will be offered to purchase this housing at the price specified in the court’s ruling. If the collector refuses to purchase the debtor’s residential premises, or the latter refuses to sell it to the collector, then this residential premises will be sold at auction. the debtor will be paid the minimum amount necessary to purchase residential premises for him and his family members based on the standards for one person. Moreover, taking into account the circumstances of the case, the court may increase the amount paid, but not by more than 20%.

In addition, the bailiffs may receive another measure of influence on the debtor: it is assumed that they will be able to prohibit both the debtor and the divisions of the Russian Ministry of Internal Affairs for migration issues from registering new citizens in the residential premises that are being foreclosed on. This ban will not apply to minor children.

It is also planned to establish that each of the parents can be called upon by the court to participate in bearing additional costs for providing a minor child with living quarters.

OPINION

Maxim Dotsenko, Chairman of the Expert Council of the All-Russian Trade Union of Arbitration Managers:

“On the one hand, the established criteria obviously indicate that the new procedure is not designed for mass application and will only affect citizens who actually own a significant amount of real estate, and mainly only for obligations that arose after the law came into force.
On the other hand, the bill has a number of poorly developed and ambiguous aspects: a criterion for the cost of housing that is not quite correctly stated, strict deadlines, undeveloped issues of the procedure for determining the circle of persons participating in the consideration of an application by the court, the responsibility of the municipality, the relationship of transitional provisions with. If these shortcomings are eliminated, the bill has every chance of success."

Let us remind you that the ministry has begun to develop amendments pursuant to In it, the Court pointed out the need to establish the limits of the prohibition on imposing a penalty on the debtor’s only residential premises. The establishment of such limits, in the opinion of the Court, is important due to the fact that there are often situations when the debtor owns expensive housing with a large area, but there are no other commensurate sources of income and property with which to pay off the obligations to the creditor. But at the same time, it is impossible to impose a penalty on the debtor’s housing due to the fact that it is his only one.

Answers to questions troubling citizens about the high-profile bill, which provides for the possibility of foreclosure on the debtor’s only residential premises.

As reported, at the end of December the ministry drafted a bill lifting the ban on foreclosure of the debtor’s only home. The department already states that foreclosure can be applied to housing that in size and cost “clearly exceeds” the housing needs of the debtor and his family.

Now the Ministry of Justice indicates that foreclosure can be applied to the only residential premises belonging to a citizen, the size of which exceeds twice the norm for providing the area of ​​residential premises established in accordance with the legislation of the Russian Federation, to the debtor and members of his family living together in the specified residential premises. “For example, in the city of Moscow, with a norm of 18 sq. m per person, this limit will be more than 144 sq. m for a family of four,” the developer of the amendments gives an example. The department reminds that on average the provision rate in various municipalities of the Russian Federation varies from 14 to 18 square meters. m of total living space per person.

If the size of the apartment exceeds two times the norm for the provision of living space, then foreclosure on such residential premises can only be made if its market value exceeds twice the cost of the living space, the size corresponding to the norm for the provision of residential space in a particular municipality.

In the event of foreclosure of the only housing, the debtor citizen and family members living with him will not be left without residential premises suitable for permanent residence: after the sale of the confiscated apartment, the debtor's family is entitled to an amount determined by the court, sufficient for him to purchase another residential premises suitable for permanent residence . “Only after this, from the remaining funds received from the sale of the specified property, the debt to the collector is paid,” the Ministry of Justice emphasizes.

Moreover, if within three months the debtor has not purchased residential premises with the proceeds from the sale of the apartment, the amount of money is transferred to the budget of the municipality, and the citizen and his family will have other residential premises at the discretion of local officials. “Until the debtor citizen and members of his family are provided with other housing, their eviction is not allowed,” the ministry notes.

In order for the debtor’s only home to be foreclosed, the amount of his unfulfilled obligations, as well as the costs of enforcement actions subject to reimbursement at his expense, must be more than 5% of the market value of the property being foreclosed on, determined by the court on the basis of the opinion of an expert appraiser. .

To avoid abuse on the part of collection agencies and banking organizations, the bill provides that the only residential premises owned by a debtor citizen can be foreclosed upon only on the basis of a court ruling.

Let us recall that it was previously clarified that the new procedure will apply to relations that arose after the law came into force.

Hello everyone in the New Year 2017. There will be news today. The following topics are on the agenda:

⇒ The activities of collectors have been suspended;
⇒ The only housing of debtors is under threat;
⇒ Big update of the YouTube channel.

I didn’t specifically sum up any results, didn’t set goals and plans for the next year, in general, I deliberately moved away from everything that bloggers usually do. The blogosphere, you know, is still a community; you don’t need to blindly follow the leaders, you also need to think with your own head. However, thinking with your head is encouraged in all areas of life.

Today I will tell you two news on the topic of credit debts. Surely you've already heard about them in the media, right? so this is even better, I will reduce my article to the minimum and limit myself to my comments.

News No. 1

The anti-collection law has come into force, but the activities of collectors have been suspended

Yes, since January 2017, one of the laws most anticipated by debtors - the anti-collection law - has come into force. To put it correctly, on paper it is called: Federal Law of July 3, 2016 N 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law “On microfinance activities and microfinance organizations.”

This Federal law brought many changes to the lives of collection agencies and debtors. For the former, the beginning of the year marked the emergence of serious organizational and financial problems; for the latter, January provided an opportunity to take a break from endless calls and attacks from creditors.

But, if the law had worked perfectly from the first days of the year, we would most likely live with you in the UK. In Russia, these two words “ideal” and “law” can never be compared together. And here is another confirmation for you.

At the end of December 2016, V.V. Putin issued a decree by which,

• firstly, he entrusted control over the implementation of the anti-collection law in terms of the formation of a register of collection agencies, and in general control over collectors to the Federal Bailiff Service;
• secondly, due to the fact that the register has only just begun to be formed, and to date only one or two agencies have been included in it, the activities of collection companies have been temporarily suspended. Even if it was on paper, it was there.

As a result, today we can observe the following picture: an anti-collection law exists, a register of collection agencies has been created, but is not yet filled with collectors, and therefore the President of the Russian Federation has completely suspended the activities of collectors until clarification, that is, until the final formation of the register.

As I have already mentioned several times, I do not like to review laws that have not yet entered into force or that, for some other reason, do not really work. But, in the case of the anti-collection federal law, it seems that a review needs to be done. And the review will be one of these days.

In addition, watch my video on this topic:

News No. 2

The Ministry of Finance proposes to take away the only housing from debtors to pay off debts

Let me reassure you right away - this is not the first attempt to push through a change in the Civil Procedure Code that allows foreclosure on the only housing of citizens. Not the first, and I suspect not the last.

On the one hand, it is clear that banks and microfinance organizations were faced with a real problem: at first they handed out loans to everyone, and then they were surprised to discover that the debtors had neither property nor income with which to repay these loans.

It's their own fault, what can I say. But, again, according to statistics, all these debtors live somewhere, and many of them own real estate. I think you understand my train of thought; residential real estate is a very liquid product that is in demand in any weather.

As you know, today the Code of Civil Procedure of the Russian Federation contains a rule according to which the debtor’s only home cannot be foreclosed on. The exception here is mortgages. If the debtor purchased his only home with a mortgage, or if he mortgaged his only home, then such housing may be foreclosed on at the request of the mortgagee.

Now regarding the proposal of the Ministry of Finance

The Ministry of Finance says that not any housing can be taken from debtors, but only those that meet certain parameters:

• The housing area is twice the living space standard established for one person, depending on the region of Russia it is from 14 to 18 sq.m. Thus, if the debtor has an apartment with a living area of ​​less than 28 or 36 square meters, respectively, then it is no longer possible to foreclose on it;
• the cost of the debtor's housing is twice the cost established by the regulations. As far as I understand, the draft Law is not even talking about the cadastral value, but about the inventory value, which has always been significantly lower than the market value;
• As a result of foreclosure on the debtor’s only home, the latter should not be kicked out onto the street. It is assumed that part of the funds should be allocated to the debtor for the purchase of new housing. But everything here is debatable, given the average size of Russians’ debts and the cost of housing in Russia.

As a result, there are many questions about the bill. By the way, you can read it yourself and leave your comments.

The main thing is not to panic. If you live in an ordinary typical Khrushchev apartment, you have nothing to fear. But, if you have a family castle or penthouse, then, of course, there is reason to think, since such alarm bells can only mean one thing: someone cannot sit still and is hatching plans to take your home from you. And in practice, if they try so persistently to push through these changes, sooner or later they may succeed. So prepare in advance.

What needs to be done to avoid foreclosure on your only home is a good and timely question. And I have the answer to it. However, 2016 showed that not all information that helps people can be published in the public domain. Censorship, you know, never sleeps.

News No. 3

Big updates on my YouTube channel

Back at the end of 2016, I recorded more than a dozen videos for the Project on various current credit topics. However, the frantic rhythm of December did not allow me to finish editing and publish them. So in January, a lot of interesting things await you on my YouTube channel, which you can go to.

That's all for today. I wish you success, good luck and prosperity in the New Year 2017.