According to existing legislation, the seizure of real estate is a ban on its disposal. Such housing cannot be sold, donated, mortgaged or other transactions made with it until the arrest is lifted. Seizure of real estate is carried out as an interim measure - when the plaintiff or other interested party has reason to believe that the defendant is trying to get rid of property in order to avoid paying a creditor or satisfy other legal obligations. Bodies that can seize property, as well as issue a ban on transactions with it, are: courts of general jurisdiction, arbitration courts, bailiffs, customs and tax authorities, with the sanction of the prosecutor, an inquirer or investigator, with the permission of a judicial authority . The most common reason for seizing real estate is the debt of a person, for example, failure to pay established mortgage payments, taxes, penalties, and fines. Also, arrest may be imposed to ensure the safety of property that is subject to transfer to the claimant or sale, or during the execution of a judicial act on confiscation of property. Property may also be seized if it appears in a criminal case. Seizure can be imposed not only on apartments, houses, but also on garages, land and other real estate. In order to seize real estate, you must file a petition with the court. According to current legislation, a request for seizure must be considered on the day it is received. A ruling on the decision made is drawn up and sent to the defendant and to the Rosreestr Office within 3 days after such a decision is made. In this case, the applicant is issued a writ of execution. The seizure imposed on real estate remains for the entire duration of the trial. After the writ of execution for seizure is received by the Federal Bailiff Service, it is immediately registered and transferred to the bailiff, who will execute it. The latter initiates or refuses to initiate proceedings within 24 hours. If the writ of execution or application for acceptance of the document indicates which property should be seized (cadastral number, address, area, who the owner is), the bailiff imposes a ban immediately, if not specified, immediately after receiving data from Rosreestr. If a bailiff is conducting proceedings to collect loan payments, alimony, compensation for damage, administrative fines, etc., for which the debt has not been repaid and there is information about the debtor’s ownership of real estate, he can impose a ban on his own initiative. The bailiff sends the corresponding resolution to the debtor, the collector and the Rosreestr Office. Similarly, a share in a real estate property is seized. If a person does not own all the real estate, but a share, then the ban is not imposed on the entire property, but only on the share that he owns. After receiving a court ruling on the seizure or a bailiff’s order prohibiting registration actions, an official of the Rosreestr Department makes an entry about the arrest in the Unified State Register of Real Estate. How to find out if there is a lien on a property. You can find out such information from the USRN extract, which can be obtained upon request of the interested party. This question is especially relevant when intending to sell or buy real estate - both for the buyer and the seller. Regarding real estate objects, you can obtain information through the State Services portal, on the official website of Rosreestr, or by personally contacting the Multifunctional Center. The arrest will be lifted from the residential premises only after the grounds for its imposition have been eliminated: that is, if the property was seized for debts, then the entire debt must first be paid, if, as determined by the court, then measures must be taken to resolve the issue that caused the proceedings. After eliminating the reasons, you need to contact the body that initiated its imposition: if the property is seized by a court, then an application to cancel the seizure should be addressed to the same court, in the case of arrest by bailiffs, then to the appropriate department of the Federal Bailiff Service. Based on the foregoing, it should be concluded that before conducting various types of transactions with real estate, it is necessary to make sure that the property is not under arrest or prohibition. — For what reasons may arrests (bans) not be canceled even when documents are received to cancel these restrictions? — Documents on the abolition of arrests (bans) must strictly comply with the documents on the imposition of restrictions. The details of the decisions of the bailiffs must correspond to the details that were available when the restrictions were imposed; the documents must be signed and have official seals. Judicial acts must also be certified by the signatures of the judge presiding over the case, or the chairman of the court, the court secretary, as well as the official seal, and must have a mark indicating that they have entered into legal force. — The bailiff issued a resolution to cancel the arrest in relation to the land plot owned by me. Can I submit this resolution to Rosreestr myself to cancel this arrest? - Yes, you can. But in order to eliminate doubts about the authenticity of the resolution submitted by the interested party, Rosreestr will send a request to the bailiff to provide a copy of this resolution. According to the Federal Law “On State Registration of Real Estate,” a court or authorized body that has seized real estate or established a ban on certain actions with real estate, sends a certified copy of the act of lifting the seizure or ban to the rights registration authority. In addition, according to the Agreement on interaction between the Federal Bailiff Service and Rosreestr, it is also stipulated that copies of the decision to cancel the seizure of the debtor’s property in the form of a paper document can be submitted to the body carrying out state registration of rights directly by the bailiff who issued it, or sent by the bailiff by post. — I filed a claim with the district court to recognize the invalidity of the transaction for the sale of the apartment, and also granted a petition to seize this apartment. After the court considered the case, my claims were satisfied and an appropriate decision was made. In this regard, I have a question: is this judicial act sufficient to cancel the arrest? — In accordance with paragraph 13 of Article 32 of the Registration Law, the judicial authority that has seized real estate sends to the rights registration authority, within no more than three working days, a certified copy of the judicial act on the imposition (removal) of the seizure. To cancel the arrest, it is necessary to apply to the judicial authority with a petition to cancel previously imposed interim measures, if the judicial act on which the decision in the case was made does not indicate their cancellation. — The court issued and sent to Rosreestr a ruling to lift the ban on the apartment owned by me and my wife. How long will it take for the ban to be lifted? — The ban will be lifted within three working days from the date the rights registration authority receives a judicial act or an act of an authorized body on lifting the arrest or ban. — By order of bailiffs located in the Krasnodar Territory, bans were imposed on real estate located in another subject of the Russian Federation. How will the bans be lifted after the debt is paid off? — In this case, bailiffs can send a document canceling the ban to the Rosreestr Office at the location of the object using the interdepartmental electronic interaction system.
Ban on real estate transactions: legal grounds
One of the most common reasons is the risk that fraudsters and other interested parties will conduct a transaction by deceiving the home owner
. Thanks to preventive measures, the owner reduces the risk of potential problems arising in the future, which include the consequences of fraudulent actions:
- on the sale of property, transfer of an object under a deed of gift, exchange agreement;
- registration of a pledge or encumbrance on an object;
- revocation of property rights.
Such fraudulent scams can occur if the real estate owner’s passport or title documentation for housing and other property is stolen, if the owner of the property accidentally loses them, which the scammers take advantage of.
Thus, if the owner will not live in the apartment for a long time (for example, due to a business trip), then it is necessary to document the impossibility of carrying out registration actions.
also be
creditor: until financial obligations to the bank are fulfilled, the debtor will not be able to dispose of the property.
A restrictive measure may be imposed during legal proceedings.
On legal grounds
for imposing a ban include the following:
- court order;
- a statement on behalf of the owner who wants to prevent the risk of other persons committing an illegal transaction;
- legal requirements (for example, with a mortgage);
- enforcement proceedings: the ban is imposed by a resolution of an FSSP officer.
Resolution banning registration actions with real estate
The order may come from the following persons:
- The ban on transactions with objects is imposed by FSSP employees
. They act in the interests of the financial institution and have the legal right to seize property to ensure that the claimant's demands are met. - A ban may also be imposed when a judicial authority
a determination to secure a claim. The document comes into force immediately after its issuance. The plaintiff receives a photocopy of it and a writ of execution. As soon as the FSSP employee has received the enforcement documentation, the debtor is faced with an encumbrance and restriction of rights. - Finally, a prohibition may come from the property owner
if he believes that there is a risk of fraudulent activity.
There are 3 ways to file a statement about the impossibility of registration:
- in person at Rosreestr,
- personally through the MFC (Multifunctional Center),
- through your personal account on the Rosreestr website.
To submit an application through your Rosreerstra personal account, you will need an EDS (electronic digital signature).
Within 5 working days after submitting the application, Rosreestr will make an entry that will prevent the registration of any transactions without the personal participation of the owner.
A statement about the impossibility of registration will become a bone in the throat of the villains who decide to deprive you of your apartment.
Such a statement can protect not only an apartment, but also any real estate.
In other words, submit an application in relation to your house, land or other real estate registered with Rosreestr.
Legal consequences of violating the ban
If Rosreestr re-registers the object, then authorized persons will face punishment. Such a transaction will be considered void, and the participants will have to return to each other all the rights and obligations that they received under it.
At the same time, such real estate may be sold in order to repay the debt to the creditor, in whose interests such an encumbrance was placed on the property. In this case, the registration action is permissible by law.
If the acquirer did not have information about the imposition of the measure, then he has the right to recognize the transaction as void. To do this, he needs to initiate legal proceedings
, drawing up a claim and attaching evidentiary documents to it.
A real estate buyer can protect himself from dealing with scammers. Often, dishonest people use deceptive schemes when buying and selling housing, misleading the participants in the transaction.
Each transaction must be registered in the Unified State Register of Real Estate
. Before signing the agreement, it is necessary to check whether the seller is the legal owner of the property. To do this, you can go to Rosreestr and get an extract that contains all the important information.
If information is not available in Rosreestr, you must contact another authorized body that carried out the registration of real estate. You can also order an extract online. It is also necessary to carefully study the title documentation for the property provided by the seller.
How to get a statement of no encumbrance
An extract from the Unified State Register of Encumbrances can be obtained in paper and electronic form. These options have the same legal force. The paper one is certified by the seal and signature of Rosreestr, and the electronic one is certified by its digital signature. The court, bank and government agencies will accept any format.
Leave an online request in the USRN.Register service to receive a certificate. This method is the simplest and most cost-effective. Indicate the address or cadastral number of the property in a special field and pay 200 rubles for a statement of characteristics and rights. If, in addition to information about encumbrances, you need a complete history of the owners, order a full statement for 350 rubles.
Within 6 hours you will receive a pdf file by email, certified by the digital signature of Rosreestr. The extract is official and certified by the digital signature of Rosreestr - it will be accepted by banks, courts and government agencies.
If you learned from the first certificate that the apartment has restrictions, negotiate with the owner to get rid of them. But do not forget to control the result by checking the removal of the encumbrance in the Unified State Register of Real Estate. An extract on the removal of the encumbrance can be obtained in the same way.
Check the apartment for encumbrances right now!
