The procedure for the sale of real estate by bailiffs. What happens after the sale of seized property? Seizure of material assets

If the decision made by the court is not executed by the debtor voluntarily, then the procedure begins forced collection. The bailiff service is engaged in this on the basis of enforcement documents received from collectors.

With absence monetary assets, foreclosure will be applied to the property. However, its sale in order to pay off the debt must be carried out in a special manner. For this purpose, auctions are organized, and the property seized by the bailiffs is sold at auction.

The body authorized to seize property for debts. Photo No. 1

According to all current legislation, the inviolability and protection of personal property is proclaimed. Therefore, no one can be deprived of his property just like that. However, in some situations this is permissible.

If a person does not fulfill his obligations, then the requirement for their fulfillment may become subject to judicial review. Based on its results, a decision is made to collect the debt. If said decision They are not in a hurry to carry out the task; bailiffs take over the matter. After receiving the executive orders, they initiate proceedings. In this case, the debtor is given five days to fulfill everything voluntarily.

Failure to comply is grounds for application coercive measures. Initially, the recovery must be in cash. If they are missing, they are not enough, the bailiffs take over the debtor’s property.

Bailiffs have the right to seize property to ensure payment of debts. To do this, they make an inventory of all seized property. Next, the question of its implementation is raised. If the debtor cannot do this on his own, then this is entrusted to a special organization.

What is being sold at auction?

Confiscated property that must be sold to pay off a debt. Photo No. 2

The bidding procedure is regulated by the Law “On Enforcement Proceedings” (Articles 87, 89), as well as the Civil Code of the Russian Federation.

With absence voluntary execution, the bailiffs make a decision on the sale of the seized property. Consequently, everything that is included in the inventory by the bailiffs can be sold. The main thing is that the inventory is drawn up correctly. Bailiffs must seize only things belonging to the debtor that are not included in the list of things prohibited from seizure.

In addition, the amount should approximately correspond to the amount of debt. At the same time, at auction it is possible to sell not only things, but also various property rights. And when certain conditions and accounts receivable. The law establishes that the sale of some seized objects is possible only at auction.

These include:

• securities;
• property rights;
• mortgaged property;
• objects of historical or artistic value;
• things more expensive than 500 thousand rubles.

Who does the implementation?

The procedure for the sale of property subject to confiscation for debt. Photo No. 3

It should be noted that the bailiffs are taking all possible measures to fulfill court decisions. Their task is to search for property, inventory it, seize it and transfer it for sale.

To sell property, bailiffs evaluate the seized items and issue a ruling on their transfer to specialized sales organizers. The bailiffs themselves are not involved in its implementation.

Today, such powers are vested in the specialized organization Rosimushchestvo. It has its own divisions (administrations) in each region. After a decision on implementation is made, the relevant department of the Federal Property Management Agency is obliged to accept it according to the act. It can instruct direct implementation and other organizations selected for this purpose based on the results of the competition.

Initial cost of property seized by bailiffs

The property is put up for auction at a certain price. After seizing things, bailiffs must evaluate them. As a rule, the price set for things is quite low.

They pass this information, along with the property itself, to the sales organizer. At the same time, the law provides that starting price should not establish less than that specified in the assessment report. But selling at a higher price is not prohibited.

It should be borne in mind that if problems arise with the sale of an item, its original price may be reduced. If there is no sales within a month, it is reduced by fifteen percent.

How are the auctions conducted?

Conducting auctions. Photo No. 4

To begin the sale of property, the bailiff must issue a corresponding ruling. On its basis, he transfers the property to the organizer of the sale. The organization that has accepted the property must post information about upcoming auctions in the media, as well as the official website for posting information about the auction. Such a message must indicate full information about upcoming auctions.

All persons interested in the sale submit their applications and pay the deposit specified in the notice. Next, if the participants have appeared, the auction itself takes place, based on the results of which a contract is made with the winner to purchase the item.

The remaining participants will receive their deposit back. If the application was received from only one person, no one came or wanted to buy the goods, then the auction will be declared invalid.

At the same time, the value of the property decreases, and it is again put up for auction. If the repeated auction does not take place, then the claimant is asked to take back the property itself. If he refuses to take it, then the seized items are returned back to the debtor. Total term for their implementation is set at two months.

How can I find out about them?

Information about the sale of seized property is open. Such auctions must be reported to printed publications(media) and the Internet. In this case, this must be done one month before the scheduled trading date. Therefore, you can find information about them in local media.

In addition, you can find out about the sale of seized property on the website of the Federal Property Management Agency, the bailiff service, as well as the official website for posting information about the auction. Such a notice must indicate all information about the upcoming auction, including about the property, its price, the start of the auction, and the amount of the required deposit.

If court decisions are not executed, debtors may forcibly lose your property. During enforcement proceedings it is subject to seizure and subsequent sale. After a specialized organization puts it up for auction, anyone can purchase it at an attractive price. The main thing is that the entire procedure is carried out on legally and in the correct order.

You can find out how and where bailiffs sell debtors’ property by watching the video:

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Discussion: there is 1 comment

Hello! I don’t agree about arresting and putting property up for auction, you can go through the debtor’s accounts and other property that is available. But real estate cannot be put up for auction where it is registered minor children and it does not matter that they are not shareholders. And in order for a bailiff to put an apartment up for auction, there must be a court permission to do so. And before legal proceedings there must be permission either from the municipality or from the guardianship authorities. As a rule, court bailiffs are former collectors. And they do not obey the law and silently put the apartment up for auction without postal notification, and they also illegally take taxes for performance feeA The bailiffs still have a lot of time before the case is closed. Here the bank puts pressure on the bailiff, he misleads the borrower and also extorts money, there is a gang led by bankers operating here, they pay quite a lot amount of money and The bailiff is already acting on the instructions of the bigwig, i.e. banker, here is the case that I wrote applies to my family. The bailiff from the FSSP service is Vasily Ivanovich Chuev. Thanks to such financial fraud, our children ended up on the street. We no longer rely on anyone, maybe only if some scandalous the politician will pay attention to my comment. And when, thanks to black deals with apartments, children are left without housing, these are huge millions, black profitable business and a very big profit for guardians who secretly make inquiries about parents. provide false information and act against all laws.

Answer

Article 87. Changes were made to introduce Articles 87.1, 87.2
Implementation can be in two forms, the choice of which depends on the criteria:

From the value of the property

Depending on the type of property, regardless of cost.

First type-implementation property through independent sale by the debtor. New way sales, introduced in March 2014. The debtor has the right to independently sell property valued at no more than thirty thousand rubles. Why is he obliged to submit a petition to the bailiff?

In case of transfer of property to the debtor for independent sale, the bailiff issues a decision to postpone measures enforcement Article 38 of the law, which states that the amount received by the debtor from the sale must be transferred to the account of the bailiff department within no more than ten days from the date of this decision. The debtor is warned of responsibility for committing illegal actions in relation to this property and the consequences of non-sale in fixed time. If the debtor has not sold this property, then the bailiff invites the claimant to keep the property. If the claimant refuses this property, it is transferred for forced sale.

The second type is implementation by forced sale. There are two ways.
The first method is on a commission basis (furniture, computer technology, office equipment, touch-free vehicles). The sale is carried out by the estate, its territorial bodies and organizations subordinate to it, as well as individuals and legal entities attracted by it, selected...

Government Decree dated June 5, 2008 number 432 "on federal agency on management state property"and the order of the Federal Service for Social Security and Social Protection No. 347 and the Federal Property Management Agency No. 149 dated July 25, 2008 was approved "... Regarding the organization of the sale of seized property."

The bailiff issues a decision on the transfer of property; this decision must be made within 10 to 20 days from the date of the decision on the valuation of the property. The form of this resolution is Appendix 72 to the order of the Federal Service for Social Protection of the Russian Federation dated 11.07.12 number 318 "on the list approximate forms documents."
The transfer of property to a specialized organization is carried out according to an act of acceptance of the transfer within 10 days from the date of the decision to transfer the debtor’s property for sale. From the moment this act is signed, the property is considered officially transferred for sale.

If the property was not sold within the period, established by law, the initial price of this property is reduced by 15%. After this reduction in value, resale occurs. If the property was not sold within a specified period after the price reduction, the bailiff sends the claimant an offer to keep this property. Such property is transferred to the claimant at a price 25% lower than the value specified in the assessment decree. A bailiff's order is issued regarding the transfer of property to the claimant. The transfer is carried out according to the act of acceptance of the transfer.

The second way is through bidding. Bidding in form only open auction. Article 448, 449 Civil Code of the Russian Federation. Chapter 9 of the law on enforcement proceedings - on the organization of tenders.

Implementation real estate debtor valuable papers, except for investment shares, open-ended mutual investment funds, and by decision of the bailiff, also investment shares of interval mutual investment funds (these shares are traded on the domestic market of investment funds), property rights ( accounts receivable), pledged property that has been foreclosed on to satisfy the claims of a claimant who is not the mortgagee; items having historical value, as well as things whose cost exceeds 500 tr. Including an indivisible, complex thing, a main thing and a thing related to it general purpose(belonging) is carried out only by carrying out open bidding auction form. Part 3 of Article 87 of the Law.

Unsold property is transferred to the claimant at a price 25% lower than that specified in the resolution. If the difference is greater than the price, then the claimant is obliged to pay the difference to the account of the bailiffs. If the claimant refuses the property or does not make a decision to leave the property, it is returned to the debtor.

The bailiff issues a resolution on the transfer of unsold property, which is approved by the senior court. bailiff

The initial price of the property cannot be less than the value specified in the resolution. The auction must be held in two month period from the date the organizer receives the property for sale.

Trades are declared void if:

1) applications for participation in the auction were submitted by less than 22 persons

2) did not show up for the auction bidders,

3) none of those who showed up made an allowance.

4) the person who won the auction did not pay the cost of the property within five days from the date of the auction.

The execution of decisions announced based on the results of studying cases is carried out by bailiffs. Sale of seized property bailiffs- This is a measure of compulsory debt collection. And it is not used very rarely. Next, let's talk about how this procedure is carried out in practice, and what you should pay attention to. But first let's say a few words about where it begins this procedure– that is, what is included in its preliminary stage.

Seized property is sold at auction to pay off debts

Preliminary stage

As the general rule states, if material assets are confiscated, a citizen must pay off all his debts within a month. He receives a corresponding notification. The notice contains a period of time during which all requirements must be fulfilled. As soon as this period of time ends, the debtor’s property is transferred to specialized organizations (if he has not paid anything). But first there is a search for the seized property. Next, its implementation will occur - but only in a situation where the amount of debt is extremely high . If the situation is not so critical, it is possible to use other, more humane options (for example, restructuring of existing debt, introduced by decision court

). How are the debtor’s seized belongings valued?

What features does the assessment have?

As we noted earlier, the sale of seized property by bailiffs in any city starts with an assessment. The specialist draws up a conclusion. He has exactly 1 month for the entire process.

An important point: if FSSP employees compiled an inventory without involving an expert, such a document may be cancelled. The selling price of the borrower's property will also be influenced by the nuances of material values.

If the property does not have any original features (let's say it does not consist of expensive paintings), it will be sold at the price set on the market.

Auction The legal provisions of the Russian Federation clearly define the sales process. All property of the debtor is sold at auction. For this purpose, local territorial authorities come into play. To conduct an auction, a commission is formed (of five or more citizens). It consists of local government representatives, the tax inspectorate, as well as outside experts

. The Federal Tax Service is responsible for approving the commission structure. Only subjects who have managed to submit an application, have completed all the documentation in the required manner, and have made a deposit can become participants in the process. Next, the commission will study all available applications. It will only satisfy those submitted in accordance with the legal provisions. Those persons who have not passed the verification may withdraw their documentation and deposit. Sometimes there is only one participant at such auctions. Then the commission talks with him and agrees on the price of all the property being sold. The documents concluded as a result of the conversation are sent to the tax authority and given to those who organized the auction.

If there are debts, bailiffs seize the property of the debtor

Auctions of confiscated property with the participation of the FSSP are always carried out with the help of specialized organizations. These institutions monitor compliance with existing legislation. The norms prescribe specific time frames allotted for carrying out this process. Exactly two months are allotted for the auction - from the moment the auction organizers received all material assets. 10 days before their start, a notice is published in the media. Those who want to become participants in the auction submit an application and make a deposit. Its amount is 5% or more of the original price of the property being sold. How much the deposit is is indicated in special message. Next, it is posted in the media and the Internet. The sale of confiscated and other property is carried out at the place where it is registered. Territorial authorities have the right to limit the number of auction participants.

How does the auction end?

The one who offers the highest price for the property being sold wins the auction. Next, they and those who organized the auction sign the corresponding protocol. After this, the winner has exactly 5 days to pay the amount for the property he purchased (the deposit is deducted). If this does not happen, the deposit will not be returned. After the winner of the auction pays for his purchases in full, a purchase and sale agreement will be concluded with him. As soon as it is signed, all rights to material assets are transferred to the subject.

If real estate is sold, the agreement must undergo state registration. A person will become an owner only after going through this process. Losing bidders receive their deposit back.

Please note: if the seized property could not be sold the first time, its value will be reduced by 15%. For this purpose, the FSSP employee must issue a resolution. The price can be reduced in the future - in in this case

there are no restrictions.

What powers does the claimant have? Based legislative provisions

, if it was not possible to sell the property within 30 days, the FSSP employee involved in enforcement proceedings may offer the plaintiff the purchase of the property.

In such a situation, there will be a serious decrease in the value of the property (by about a third). The claimant has exactly 5 days to make a decision. If the plaintiff does not want to buy the things, the debtor receives an offer to buy them.

There must be at least one buyer in the process. If it is not there, then the auction did not take place. IN similar situation the seized property will be sold again - only with a significant reduction in price. Delayed sales lead to a drop in property prices.

What act is drawn up by the FSSP employee?

The act is drawn up after the auction has been held and the purchase and sale agreement has been concluded. The act must contain all information about the purchased items. Information should also reflect the characteristics of object nuances. For example, the purchaser must be aware that he is buying property that is under arrest.

What is possible to arrest?

First, they collect funds (ruble and foreign currency) located in debtors’ accounts, on deposits, or stored in other credit institutions. If this is not enough to pay off the debt, other valuables owned by the citizen are also seized. The exceptions are:

1. Property withdrawn from circulation.
2. Those objects that cannot be recovered by regulations Russian Federation.

When enforcement proceedings can be suspended or postponed

IN similar cases within one working day, the FSSP employee is obliged to send a copy of the document to the department responsible for enforcement proceedings and the sale of confiscated property. Next stage– transfer of documentation to auction organizers.

Exactly one working day is also allocated to send a copy of the resolution or ruling. Once all the required documentation has been received, the organizer of the process must immediately stop everything related to the sale of the property.

Seized property has restrictions on minimum and maximum value

Summarizing

It is important to note next moment: Not all things can be sold. For example, you cannot put up for auction material assets worth less than 3,000 rubles. If the value of the property is more than 30,000 rubles, the borrower himself undertakes its sale. All proceeds from the sale of property must be transferred to the FSSP account. Exactly 5 days are allotted for the transaction.

The date on which the sale of the property is completed is the date on which the money received was transferred. If the unsold property was returned, it means that the moment when the transfer and acceptance certificate was drawn up is taken into account.

Based on practice, auctions are not held so rarely. Serious debt is actually quite serious problem– and not only for creditors, but also for bodies involved in enforcement proceedings. Very often you can see next picture: It is not possible to sell the property within the specified period of time. If it is not possible to sell the property, the claimant is not interested in purchasing it, and the debtor has a chance to return his property. Of course, first he will have to repay all the loan and other obligations he has assumed - that is, find funds. There are conditions of the law that must be fulfilled under any circumstances - otherwise it is simply impossible. In order not to lead to such serious situations

, you just need to fulfill your financial obligations on time. Legislative acts of the Russian Federation provide for some objects that cannot be recovered under any circumstances. Real estate is also such property – if it is the borrower’s only residential premises. At the same time, additions were introduced not so long ago

legal framework

Russia – it is now possible to confiscate such objects. To seize such property, there must be serious grounds. But it’s better not to take risks and do everything according to the law. Thus, our website has given you information about what the sale of seized property by bailiffs is, and what points you need to pay attention to when studying this procedure. There are many unexpected situations in life.

Most of population. Now they take out loans from banks. Imagine this situation: you take out a loan, lose your job, or for some reason you cannot pay such a large amount. And then bailiffs come to you, describe the property and then put it up for sale within 10 days. Dear reader! Our articles talk about standard methods solutions

legal issues , but each case is unique.

If you want to know

how to solve exactly your problem - contact the online consultant form on the right or call by phone.

It's fast and free! The procedure for the sale of seized property of debtors Most

effective method to force the debtor to repay the debt is to file a lawsuit and after which the bailiffs come and describe the property. But now new changes have been introduced to the law “on enforcement proceedings”. Now it is impossible to seize property if the debt is less than 3,000 rubles and it is allowed to sell the debtor’s property if it is

The sale of property can be carried out by the debtor himself, but if he refuses, then this procedure is done in judicial procedure. The sale of property occurs in several stages:

1. According to Article 58, if the debtor does not repay the loan or evades payments, then his property is seized, authorized bodies, after which other actions provided for are carried out with this property Federal law. For organizations:
   • seizure is imposed on property not involved in the proceedings;
   • for finished products;
   • on movable and immovable property owned by the debtor in whose name this organization is registered;
2. Within 3 days after the seizure of property, a notification is sent to the Federal tax service about its implementation.
3. If the debtor is unable to pay the amount owed, the claim is sent to Arbitration court about the bankruptcy of the debtor.
4. Special organizations put seized property up for auction, with a determination minimum price property. An agreement is concluded with such organizations, to which are attached:
   • executive document;
   • an act of seizure of property drawn up by authorized bodies;
   • real estate documents;

Trades are carried out within the specified time frame (2 months) guided by Civil Code Russian Federation

Determination of the sale value of the pledged property

The value of the pledged property is determined by the court, important aspects in deciding whether this property is pledged under an agreement or taken under a mortgage:

1. Under Article 350, foreclosure is carried out in accordance with the mortgage law if the property was purchased under a mortgage agreement.
   According to Article 54 on mortgaged property, the court must indicate the initial value of the property, guided by the pledge agreement.
2. If the property was acquired under a contract. Then the court determines the market value of the object, which will also be the starting price at the auction. If the pledge agreement specifies the agreed value of the property, then the court will naturally make a decision based on the existing agreement.
3. If the sale price of the pledged property is determined in out of court, then an assessment is carried out. They draw up an agreement with a special company that evaluates the property and, by agreement of the parties, determines the price.

Determination of the sale price in court

Taking into account the legislation of the Russian Federation, the FSSP department determines the price of the pledged property based on the value indicated in the writ of execution.

If the price is not indicated in executive, then the mortgagor files a claim in court and the price of the property is determined in court.

When determining the initial price of a property, the following nuances should be taken into account:

1. If the auction does not take place, then the bailiffs must explain to the pledgee his rights and he must file a lawsuit to reduce the price of the pledged property.
2. An application is submitted to the court to reduce the price of the pledged property in the next auction by at least 15% of initial cost.
3. The court considers this application and determines new price for the mortgaged property.
4. If the mortgagee refuses to submit this kind of application, then within a month after the auction, enforcement proceedings close the case.

Determining the price of property out of court

Guided by Russian legislation the initial price of the pledged property is established on the basis of an agreement on extrajudicial recovery:

1. The agreement is concluded either a separate agreement, or is included in the pledge agreement.
2. IN mandatory The bailiff engages an appraiser, who determines the initial value of the mortgaged property (mortgage clause).
3. In almost all cases, after assessing the property, a price is set that is 80% of market value, unless the original price of the pledged property is included in the agreement between the mortgagor and the pledgee.
4. If the first auction does not take place, then the bailiff service department makes a decision to reduce the price of the pledged property in the amount of 15% percent of the original cost.
5. An agreement between the two parties may indicate a different procedure for reducing the price of the pledged property, then the bailiffs are obliged to be guided by this agreement.
6. If the contract includes overall rating pledged property, then this property is put up for auction as a single lot and cannot be sold separately.

Auction for the sale of seized property

In order to sell seized property special bodies local government an auction is held. For each auction, a commission is created, which must consist of at least 5 people. Candidates must be present on the commission local government, tax representatives And independent experts. The tax authority approves the composition of the commission.

The results are accepted by open voting, using vote counting.
Only those persons who have submitted an application for participation on time and completed all Required documents and paid a deposit. The commission considers all applicants for participation in the auction, but admits only those who have not met the requirements of the Code of the Russian Federation.

In this case, the person who submitted the application has the right to withdraw it and withdraw his deposit.

If only one person participates in the auction, then the commission negotiates with him and sets an agreed price for the property being sold. After which the materials are transferred to the tax authority and the auction organizer.

Bidding procedure

An auction for the sale of seized property is carried out special organizations, which carry out the bidding process with procedural legislation Russian Federation:

1. Auctions are carried out at the place of registration of the pledged property.
2. The organizer must, 10 days before the auction, submit a notification about the upcoming auction to information bodies (Internet, newspapers, etc.).
3. Persons who want to take part in the auction must make a deposit in the amount of at least 5% of the initial cost of the pledged property. The deposit must be indicated in information bodies. If the auction does not take place, the deposit is immediately returned and the deposit is returned to those people who participated in the auction but did not win the auction.
4. In the interests of maintaining public order, the circle of persons participating in the auction is limited to local government bodies.
5. The person who offers the highest price for the pledged property is considered the winner. Next, the organizer and the winning person sign a protocol on the results of the auction. If the winning person refuses to sign the protocol, then this entails the consequences prescribed by the Civil Code of the Russian Federation.
6. The person who won the auction within 5 days is obliged to pay the amount for the property he purchased, with the exception of the deposit. If the person who wins the auction does not pay the same amount, the deposit will not be returned.
7. After depositing the amount, the organizer enters into a purchase and sale agreement with the winning bidder. From that moment on, the winning person is the owner of this property.

After the sale of the pledged property

After the sale of the pledged property, the pledgor's demand must be satisfied, that is: the pledgee's debt is repaid from the amount raised at the auction. Also, if the property was damaged at the expense of the mortgagee, then the insurance company must pay the entire amount of damage to the mortgagee.

The execution of decisions made based on the results of consideration of disputes is carried out by Bailiffs Service. Sale of seized property is one of the measures for forced debt collection. It is worth noting that in practice it is used quite often. Let's consider further, .

General information

The procedure for the sale of seized property by bailiffs regulated by Federal Law No. 229. This regulatory act contains special article 87. It regulates the main points relating to the sale material assets, belonging to the debtor. Federal Law No. 229 establishes the rules that must be followed by bailiffs. Seized property for sale exposed first independent assessment. An expert is invited for this purpose. As practice shows, the cost of material assets put up for sale is quite low.

Preliminary stage

By general rule, the citizen is given 30 days to repay the debt in the event of seizure of material assets. The subject is notified of the existence of an obligation. The notice specifies the period within which he must repay them. After the established period, if the citizen has not taken any action to pay, his property is transferred to specialized institutions, which carry out the implementation. The sale of material assets usually takes place when there is a large debt.

Evaluation nuances

As mentioned above, the sale of seized property by bailiffs in St. Petersburg (or another city) begins with an assessment. The expert must draw up a conclusion no later than 1 month from the date of his involvement in the proceedings. It is worth noting that an inventory compiled by FSSP employees without an appraiser may be considered invalid. The sale price of the debtor's owner will depend on the characteristics of the material assets. If the property does not have any specific features(for example, it does not include expensive works of art), sales will be carried out at the market price.

Auction

Legislation establishes certain order sale of seized property by bailiffs. The sale of the debtor's property is carried out through an auction. For this purpose, organs are involved territorial authority. To conduct the auction, a commission of at least five people is formed. It consists of representatives local authorities, tax authority, as well as independent experts. The Federal Tax Service approves the structure of the commission. Only those entities that have managed to submit an application and complete the required documents may be allowed to participate in the auction properly and paid a deposit. The commission will consider all received applications, but will satisfy only those that comply with legal requirements. Persons who fail the verification have the right to withdraw documents and return the deposit. In some cases, there is only one buyer in the auction. In such a situation, members of the commission negotiate with him to agree on the cost of the objects being sold. Documentation drawn up based on the results of the conversation is sent to tax office and transferred to the auction organizers.

Progress of the process

In Moscow (as, indeed, in other cities) it is carried out through specialized institutions. These organizations conduct tenders within current legislation. The standards are established certain deadlines sale of seized property by bailiffs. The auction must be held within two months from the date of receipt of material assets by the auction organizers. 10 days before their start, an announcement is placed in the media and the Internet. Entities who wish to participate in the auction must submit an application and make a deposit. Its size is no less than 5% of the original cost of the objects being sold. The amount of the deposit is indicated in a message posted in the media and on the Internet. Sale of seized property by bailiffs made at its registered address. Territorial authorities The authorities have the right to limit the number of bidders.

Completion of trades

The entity that offers the highest price for the objects put up for auction is recognized as the winner of the auction. He and the organizer of the sale must sign the protocol. Within five days after the end of the auction, the winner must pay the amount for the objects he purchased, minus the deposit. If he does not do this, the payment made will not be refunded. After full payment, a purchase and sale agreement is concluded with the auction winner. From the moment of its registration, the subject is considered the owner of material assets. If real estate is sold, the agreement is subject to state registration. Ownership will be recognized after this procedure in in the prescribed manner. Persons who do not win the auction will have their deposit returned.

Important point

If the original cost does not materialize, material assets are subject to a 15% discount. For this purpose, the FSSP officer issues a corresponding resolution. It is worth saying that the decrease sales price may continue to be carried out. The legislation does not establish any restrictions in this regard.

Possibilities of the collector

In accordance with the law, if it does not take place within 1 month, then the FSSP employee conducting enforcement proceedings may send the plaintiff an offer to buy out the objects. At the same time, the cost of material assets will be significantly reduced (by at least 25%). The claimant must give his response within five days. If the plaintiff has not expressed a desire to purchase the property, then a redemption offer is sent to the debtor.

Failed auctions

At least one buyer must participate in the auction. IN otherwise the auction will be considered invalid. In this case, a repeat will be carried out. As mentioned above, in such situations the cost of material assets is reduced by 15%. The longer the sale takes, the lower the price of the property will be.

FSSP employee report

It is drawn up after the auction and the completion of the purchase and sale transaction. The act contains all information about sold property. The information includes data on the features of objects. In particular, the buyer must know that he is acquiring seized property.

What valuables can be seized?

Collection under the IL is primarily provided for funds in foreign currency or rubles, including those available in the debtor’s accounts, in deposits, stored in credit or other financial institutions. If they are not enough to pay off the debt, other valuables held by the citizen are subject to seizure. management, ownership, operational management. The exception is for objects that are withdrawn from circulation, as well as for which, in accordance with regulations, recovery cannot be applied regardless of who owns or actually uses them.

Additionally

If there are grounds for completing enforcement proceedings established by the legislation of the Russian Federation, and also if the period of suspension or postponement of the action exceeds the period of sale of the property, the bailiff withdraws material assets from the auction. To this end, he issues a corresponding resolution. This act serves as the basis for termination of the agreement for the sale of seized objects. Within 3 days (working days), the auction organizer must transfer the valuables FSSP employee, and he, in turn, accepts them. In this case, a transfer and acceptance certificate is drawn up.

Suspension/postponement of enforcement proceedings

In such situations, within 1 working day, the bailiff must send a copy of the ruling or resolution to the department for organizing enforcement proceedings and sale of seized property. The documents are then transferred to the institution directly conducting the auction. A copy of the resolution/ruling shall also be sent within one business day. After receiving the documents, the auction organizer is obliged to immediately stop all actions related to the procedure for selling the property.

Conclusion

It must be said that not just any property can be put up for auction. The legislation, in particular, does not allow holding an auction with material assets whose value is less than three thousand rubles. If the price of the property does not exceed 30 thousand rubles, the debtor has the right to take actions to sell it himself. Cash proceeds from the sale of material assets must be transferred to the FSSP account. The operation is completed within five days. The date of completion of the sale of property is recognized as the calendar date on which the proceeds were transferred, and in the case of the return of unsold objects - the moment of execution of the transfer and acceptance certificate. As practice shows, holding auctions is not that uncommon. Large amounts of debt are big problem both for creditors and for executive bodies. Often it is not possible to sell property on time. If the objects are not sold and the claimant does not want to purchase them, the debtor can return them to himself. Of course, to do this, he will have to find funds to pay off the obligations that have arisen. It is unlikely that you will be able to avoid arrest if you have a large debt. There are regulatory requirements that must be met. There is only one way to prevent such problems - timely repayment of obligations.

The law provides a list of objects on which penalties cannot be imposed. It also includes real estate if it is the debtor’s only place of residence. However, amendments to regulations have recently been adopted, according to which such objects can also be seized. To seize such property there must be good reasons. In any case, the situation should not lead to such consequences.