Failure to pay loan payments can threaten the debtor with serious consequences, including deprivation of home. However, banks rarely turn to such an at least.
An apartment can only be taken away by a court decision
Each borrower must remember that his apartment can be taken away only by a court decision. Therefore, such threats from a bank or collectors have no legal basis.
Failure to fulfill credit obligations is the most common reason for depriving a citizen of housing. Other reasons - such as the seizure of housing for public needs or its improper operation are less common.
Banks often try to resolve the debt problem through pre-trial proceedings. The bank can make concessions to the debtor and grant him a deferral of payments or increase the loan term. Especially when the borrower is unable to pay for valid reasons. For example, if an employee is fired, if there is a pregnant wife, illness, injury, etc.
What property can be foreclosed
The court primarily considers the following circumstances - whether the creditor's claims are legitimate and whether the citizen is really a debtor. Next, a list of property that is being foreclosed is formed - these can be stocks, bonds, bank accounts, wages, and also an apartment. The things confiscated by the bailiffs are subsequently sold during the auction.
According to the FSSP, in the summer, 873 apartments were offered for sale at auction throughout Russia, of which 11 were in Moscow.
It is worth paying attention to the fact that the legislation provides a list of things that cannot be foreclosed. Among them:
- household items (shoes, clothes, mirrors, etc.), except for luxury goods (washing machines, microwave ovens, items for the design and beauty of the room, etc.);
- property that is used in professional activities;
- property of a disabled person;
- prizes, state awards;
- Food;
- livestock, birds, bees that were bred for personal consumption;
- salary not exceeding the minimum wage.
A dwelling can be foreclosed only if it is not the only place suitable for living. The exception is apartments and houses, which are collateral for a mortgage loan. Also, the court will not be able to recover the land plots on which the house in which the borrower lives is located.
Difficulties can arise if the apartment is in shared ownership. The bailiffs will also need to separate the debtor's property from the property of those living with him. Moreover, if minor children live in the apartment with the debtor, the bank must first obtain permission from the board of trustees to evict the child.
At the same time, the borrower can always challenge the court decision, fight against illegal withdrawal and return justice.
Can they take away an apartment in case of consumer loan debt
An apartment, issued in a mortgage, is taken away most often. In this case, it usually acts as a subject of pledge and the court usually takes the side of the bank.
Meanwhile, foreclosure on an apartment can be levied not only within the framework of a mortgage, but also in the case of debt on a regular consumer loan. The only restriction is that the apartment will be taken away only if its cost is commensurate with the debt. As an equivalent, the court usually recognizes a recovery of at least 80% of the market value of the apartment. Those. for a consumer loan debt of 100 thousand rubles. apartment for 1.5 million rubles. will not be taken away. Under a car loan, they will take away first of all the subject of pledge - a car, not an apartment.
In the risk group among borrowers there are individual entrepreneurs who risk all their property (including housing) in front of creditors.
