How to find out if a property has been seized by bailiffs

At a minimum, seizure of property means a ban on the right of disposal. While it is in effect, a citizen will not be able to sell, donate or otherwise transfer his property into the possession of third parties. In practice, having learned about the existence of restrictions and realizing that they may soon lose their property altogether, the owner of the property tries to sell it in order to gain at least some money. Therefore, you need to know how to check the seizure of property for the buyer, since he is the most vulnerable party. To do this, you need to contact government agencies in person or look up the information of interest online, on the website of some services.

Using the Rosreestr website - free

This site provides information for free. Please note that it is not always possible to obtain reliable data on this Internet resource; sometimes it is loaded with an error. If you decide to use this method, follow these instructions:

• Go to the reference information section about real estate objects of Rosester.

• Indicate the cadastral, previously assigned or conditional apartment number. You can specify the address of the apartment and click on the button to create a request.

• In the results obtained, click on the address of your apartment. If it is not displayed, it means that there is no information about this property in the unified register.

• Go to the section with rights and restrictions. The line will indicate whether the property is under arrest. The reasons for the restrictions will not be reflected.

Using an extract from the Unified State Register of Real Estate

This is the most reliable and reliable method. You can receive an extract in electronic or paper form; the former is cheaper, it is convenient to issue it online, or open it on a computer or mobile device.

Information is provided on the Rosreestr website or using paid services, one of which is the well-known website ktotam.pro. Below is a table that reflects the features of two Internet resources.

Here are the instructions for obtaining information on the service:

• Go to the website and indicate your exact apartment address.

• In the window that appears, check the address and click on select an object.

• Select an extract from the unified register for 250 rubles and click on the “Next” button.

• Enter your email in a new window.

• The next step is choosing a payment method and depositing money (using a bank card, electronic wallets).

• Log in to your personal account using your login and password, which you will receive by email.

• Log in to your account to check the processing of your order.
• The statements section will show that the status is being processed.

Tools

• In your profile, you can write a phone number to which an SMS will be sent indicating the document is ready.
• After receiving a notification by phone or email, click on the view button. You will immediately receive a statement in PDF format, which will open on any electronic device.

Reasons for seizure of housing

The procedure is carried out within the framework of enforcement proceedings to ensure compliance with the court decision. The main reasons include the following:

• If the debtor deliberately conceals his income, there is a risk that he will give the apartment to a close relative or friend in order to avoid liability.
• A party lacks money to pay off obligations. The apartment will be used to satisfy the claimant's claims.
• Malicious refusal to pay a debt, missing a voluntary deadline for repayment.
• The debtor does not have an official place of work.

Debts on utility bills, alimony, loans, fines from government agencies, as a result of compensation within the framework of an initiated criminal case, can lead to the seizure of the apartment.

How is the arrest and inventory of the debtor’s property carried out by bailiffs at the place of registration?

The arrest process consists of several stages. After satisfying the claimant's application, the bailiff draws up an inventory of the property. Documents are also being prepared on the activities carried out and on the measures taken in relation to the debtor’s property. If certain items are confiscated, these facts will be documented.

1. The terms of arrest are determined by the bailiff.
2. The property that has been seized must correspond in value to the amount of debt on a loan or other outstanding debt.
3. Until the auction, the property may remain with the debtor.

Please note that the process of selling such property can take many months, sometimes years. If certain items of property remain at the end of the auction, they are returned to the debtor.

Witnesses take part in the arrest process - the procedure is possible only with their supervision. In this case, in the act the bailiff indicates:

• Full name of witnesses;
• Full name of the bailiff;
• Full name of the debtor;
• Listing of things to which measures are applied;
• Cost, type, size of restrictions;
• Conditions for further storage of seized property.

Arrest may be combined with seizure. The procedure for inventorying property is usually characterized by the following circumstances.

1. Seizure often concerns things that do not belong to the debtor. For example, this could be a relative’s expensive laptop, parents’ photographic equipment, and so on. When making an inventory, interested parties can present documents that confirm the fact of ownership - in this case, bailiffs do not have the right to seize and describe other people's property.
2. Arrest and seizure are often carried out in rented apartments, where it is difficult to verify the ownership of property.

Who can seize

The procedure is carried out by bailiffs or a court with the issuance of an appropriate decision. Restrictive measures can be imposed upon the claimant’s application, which is sent to one of these authorities.

Articles:

Checking debt on utility bills (housing and communal services)

Seizure of the debtor's only home by bailiffs

Creditor's application to seize property

The creditor can write a statement in which he indicates specific properties and asks them to be seized. The rules are as follows:

• the application is written addressed to the bailiff;
• It is better to draw up the application in two copies, one of which the applicant keeps for himself;
• The document is submitted for signature and the appropriate mark is placed on it.

Next is the bailiff:

• satisfies;
• or refuses the request.

If the applicant is refused, he can appeal the decision.

The application shall indicate the following information:

• classic header: where the application is sent, to whom and from whom;
• number of the writ of execution;
• data on the court decision;
• the timing and facts of whether repayment was voluntary by the debtor;
• amounts that have already been deposited;
• request for arrest.

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How an arrest is made

At the request of one party, the court or a representative of the FSSP makes a decision on a compulsory measure, a photocopy of which is sent to the participants in the process. The appeal is considered within 10 days. If the court seizes the apartment on account of the claim, the judge issues a ruling, on the basis of which a writ of execution is drawn up to be handed over to the bailiff. Documents are transferred to a unified register within three days, after which information about the imposition of restrictions must be recorded in it.

The defendant may be allowed to live in the apartment, but is prohibited from conducting real estate transactions, including sales, rentals, and donations. In some cases, residents are forcibly evicted from the premises.

Grounds and exceptions for seizure of property

The reasons may be as follows:

1. Seizure based on a decision of a judicial authority, which specifies the amount or certain objects.
2. Seizure to secure property.
3. Seizure based on a court ruling, which provides for further seizure and sale of property.

Now about exceptions. Russian legislation has the concept of inviolable property - this is a list of real and movable property that cannot be sold for debts.

This includes the only housing that the FSSP could not seize until November 2015. Then the rules changed - bailiffs can seize an apartment, but cannot sell it.

What does it mean? A person can continue to live in his own home, but he cannot legally dispose of it. Such an apartment cannot be sold, exchanged, donated or divided.

What property cannot be seized in 2021?

A decree to seize the debtor's property cannot be imposed on the following types of property:

• personal plots on which some houses and other buildings are built - if this plot and house is the only housing (but not the subject of a mortgage);
• household items, appliances, furniture, accessories;
• professional tools and equipment worth up to 10 thousand rubles;
• cash in the amount of up to 1 minimum wage;
• food, food products;
• pets, if the debtor does not conduct commercial activities with their participation. For example, a court can arrest and confiscate a pet python with which a person invites holidaymakers to take pictures on the beaches of the Krasnodar Territory for money. True, it is not very clear what to do next with this python.

Disputes often arise over household items. Bailiffs still include part of the property in the inventory and try to seize it:

• TVs;
• computers;
• refrigerators;
• washing machines.

Sometimes Themis workers reach the point of absurdity. There are cases in which bailiffs describe and seize from the debtor’s apartment not only televisions and laptops (which is logical), but also interior doors and a toilet.

Also, professional equipment and tools often become targets of attacks by bailiffs. For example, special transport on which the debtor earns his living. Litigation often arises over this issue.

Depending on the court decision, the bailiff may arrest and confiscate property

But the mere fact of arrest does not mean confiscation. When arrested, property, for example, an apartment, can be used, but transactions cannot be made.

How to remove an arrest

The only way to eliminate restrictions is to pay off the debt in full. Sometimes bailiffs accommodate the debtor if he regularly pays his obligations in several installments. In this case, you can submit a petition to lift the arrest to the territorial division of the FSSP. Please provide the following:

• Bailiff's details.
• Information about the applicant.
• Document's name.
• Number of enforcement proceedings.
• Data about the property.
• We request that the arrest be lifted because such measures are no longer necessary.
• Justification (appearance of a disabled dependent, payment of most of the debt, conclusion of a settlement agreement with the other party).
• Applications, signature and date.

Seizure of the debtor's property by bailiffs: what does the law say?

As part of its activities, a bailiff can:

• to arrest,
• confiscate property.

People often confuse these two concepts - they are sure that arrest means seizure. But that's not true. Arrest is only a restrictive measure. In particular, the seizure of a house prohibits the owner from:

• declare housing as collateral;
• change;
• present;
• carry out redevelopment in it;
• sell housing.

But at the same time, the house (or apartment) remains the property of the debtor. He can continue to live in it, use the housing, he is still obliged to pay utilities. He retains the right to use. But after confiscation, this right is lost - a person can no longer dispose of real estate.

The arrest is regulated by the provisions:

1. Art. 80 No. 229-FZ On enforcement proceedings.
2. Resolution of the Plenum of the Armed Forces of the Russian Federation dated November 17, 2015 No. 50.