Dopo il pignoramento della casa cosa succede

Summary

This article discusses the process of home repossession, detailing the steps involved from the initial stages to the auction of the mortgaged property. It explains the possibility for the mortgaged homeowner to continue living in the property until it is sold, subject to the judge's decision based on Article 560 of the Civil Procedure Code. The article also covers the valuation and auction process, highlighting the potential for significant discounts. Furthermore, it outlines the benefits of selling a mortgaged property, such as debt extinguishment, liquidity, and removal from the bad credit payer's register. The piece warns against common mistakes made by homeowners facing repossession and emphasizes the importance of proactive legal strategies. Finally, it addresses misconceptions about debt elimination after auction and the potential consequences of an insufficient sale price.

Takeaways

• 🏠 **Liberation of Mortgaged Property**: The first issue when facing a mortgaged house is its liberation. Until the property is not sold at auction, the mortgaged person may continue to live in it, with the decision power resting with the execution judge based on Article 560 of the Civil Procedure Code.
• 👨‍⚖️ **Judge's Decision on Liberation**: The judge can decree the liberation of the mortgaged property if the debtor does not cooperate in the sale operations, the mortgaged property lacks necessary permissions, or the executed does not continuously inhabit the property.
• 📜 **Opposition to Liberation**: There are situations where one can oppose the liberation, such as a rental contract, presence of real rights, or assignment of the house as a marital asset.
• 🏢 **Sale Process of Mortgaged Property**: The sale of a mortgaged house follows a precise process, including the evaluation of the property by a qualified technician (CTU) and its subsequent auction.
• 💰 **Auction Starting Price**: The starting price in the first auction corresponds to the value established by the CTU, but it is possible to offer 75% of that amount.
• 📉 **Discounts in Subsequent Auctions**: If the auction is deserted, in subsequent auctions, a maximum discount of 20% can be reached.
• 🚫 **Ending a Debt**: Selling a mortgaged house can lead to the complete extinguishment of debts, obtaining liquidity, and removal from the bad payer's register.
• 🤔 **Debt Exceeding House Value**: If the debt is higher than the mortgaged house value, a method known as 'saldo e stralcio' (balance and slash) is applied, negotiating a discount on the debt.
• 📈 **Economic Benefits**: It is common to obtain economic benefits from selling a mortgaged property, as many cases find a better solution than auction sale using the 'saldo e stralcio' technique.
• 🛑 **Common Mistakes**: Common mistakes made by those with a house at auction include a passive attitude, relying on non-specialists, generalist lawyers, distant structures, facing the situation alone, being too diffident, not making decisions, overpaying, denying the visibility, and trying to be clever.
• 🚫 **Extinction Due to Excessive Discount**: An execution procedure can end due to excessive discount if the property devalues to the point of not satisfying the creditor, which is a rare event.
• 💸 **Debt Extinguishment After Auction Sale**: Debts do not automatically extinguish after the auction sale of a mortgaged house. If the sale proceeds do not satisfy the creditors, the debtor remains exposed and other assets may be seized.

Q & A

What is the first issue to address when a house is mortgaged?

The first issue to address is the release of the mortgaged property. The debtor is given the opportunity to continue living in the house until it is sold at auction, based on the judge's decision.

Who has the power to decide on the release of a mortgaged property?

The judge of the execution has the power to decide on the release of the mortgaged property according to Article 560 of the Civil Procedure Code.

Under what conditions can a debtor continue to live in a mortgaged property?

A debtor can continue to live in a mortgaged property if they collaborate in the sale operations, if the mortgaged property does not have the necessary permissions, or if the debtor does not continuously inhabit the property.

How is the value of a mortgaged property determined?

The value of a mortgaged property is determined by a qualified technician (CTU) who establishes the market value and provides a detailed description of the property from a urbanistic perspective.

What is the starting price for a mortgaged property at auction?

The starting price at the first auction corresponds to the value established by the CTU. However, it is possible to offer 75% of that amount.

What happens if the auction is unsuccessful?

If the auction is unsuccessful, a discount of up to 20% can be reached in subsequent auctions.

Is it possible to sell a mortgaged house?

Yes, it is possible to sell a mortgaged house, and in some cases, it is highly recommended to do so.

What are the three main benefits of selling a mortgaged house?

The three main benefits are the complete extinguishment of debts, obtaining liquidity, and removal from the bad payer's register.

What is the 'saldo e stralcio' method?

The 'saldo e stralcio' method is a negotiation process to apply a discount on the debt, which can be particularly useful when the debt is higher than the value of the mortgaged house.

Why do many debtors not take advantage of the auction sale?

The main reason is a passive attitude, often coupled with common mistakes such as ignoring the problem, relying on non-specialists, or not taking decisive actions.

What happens if the debt is not satisfied after the auction sale?

If the proceeds from the auction do not satisfy the creditors, the debtor remains exposed and they may seize other properties or income to cover the remaining debt.

Can debt be extinguished due to excessive discounting during the auction?

Yes, a debt can be extinguished due to excessive discounting if the value of the property depreciates to the point where it cannot satisfy the creditor.