Liberazione dell'immobile pignorato Art 560 cpc

riCASAre

4 Jul 202304:40

Summary

TLDRThe recent decree has introduced significant changes to the rules for the release of mortgaged property, offering a positive development for homeowners. Notably, Article 560 of the Civil Procedure Code has been amended to allow debtors residing in the mortgaged property with their family to continue living there until the transfer decree is issued after a judicial auction. This change, which does not apply to second homes or different types of properties, could potentially lower the resale value of the property and lead to more abandoned auctions, affecting the sale price and debt reduction. The long-term impact of these modifications requires further analysis and time to manifest.

Takeaways

🏠 New rules for the eviction of mortgaged properties have been introduced, offering significant changes and simplifications.
📜 Important modifications were made to Article 560 of the Italian Civil Procedure Code, affecting the occupation of mortgaged properties until the transfer decree is issued.
👨‍👩‍👧‍👦 The debtor and their family residing in the mortgaged property are allowed to continue living there until the full payment is made by the auction buyer and the transfer decree is issued.
🏠 It is implied that only the primary residence can benefit from this provision, excluding second homes and different nature properties.
⚖️ In cases where the debtor does not cooperate with the auction process, such as denying visits to potential buyers or causing damage to the property, the judge can decree the eviction of the mortgaged property.
📅 The provisions of Article 560 are not retroactive, applying to mortgages subsequent to the publication in the Official Gazette.
🗓️ The changes have been generally applied since February 2019, providing more time for debtors to find a new arrangement.
💰 A potential downside for debtors could be a decrease in the resale value of the property due to the presence of the debtor.
🔍 For judicial auction buyers, there might be hesitancy in purchasing an occupied property, potentially leading to fewer bidders and lower sale prices.
💲 The benefits for auction participants may be tied to the quicker release of the property, expected to occur two to three months after the transfer decree.
📉 For creditors, the downside may be a reduction in the number of potential buyers, resulting in lower prices and extended sale times.

Q & A

What recent changes have been introduced regarding the eviction of mortgaged properties?
-Significant changes have been introduced to the eviction process of mortgaged properties, including simplifications and significant modifications to Article 560 of the Italian Civil Procedure Code (CPC). These changes allow residents, including debtors and their families, to continue living in the mortgaged property until the issuance of the Transfer Decree, provided the debtor can prove it is their main residence.
What does the most relevant change to Article 560 CPC entail?
-The most relevant change to Article 560 CPC grants the debtor residing in the mortgaged property, along with their family, the right to continue living there until the entire purchase amount from a judicial auction has been paid and the Transfer Decree has been issued by the judge, confirming the property transfer.
Are there exceptions to the eviction rules for mortgaged properties?
-Yes, there are exceptions where the judge can decree the eviction of the mortgaged property even if the debtor resides in it. This occurs when the debtor does not cooperate with the procedure, such as denying access to potential buyers during the auction or causing damage to the property, thereby obstructing the normal sale process.
What is the impact of the new provisions on non-residential properties or secondary homes?
-The new provisions do not apply to secondary homes or properties of a different nature. It is implied that these types of properties cannot benefit from the provision allowing the debtor to continue living in the mortgaged property until the Transfer Decree is issued.
Do the provisions of Article 560 have retroactive effects?
-No, the provisions of Article 560 do not have retroactive effects. They apply to mortgages subsequent to their publication in the Official Gazette, which means the changes have been generally applied from February 2019 onwards.
What are the potential advantages for debtors with the new regulations?
-For debtors with mortgaged properties, the new regulations are beneficial as they allow them to continue living in their property without worrying about finding new accommodation until the property is sold. This could potentially give them two or more years of additional time in their home, which is a significant outcome.
What could be a potential disadvantage of the new provisions for debtors?
-A potential disadvantage for debtors is that the new provisions might lower the resale value of the property. The presence of the debtor in the property could lead to more abandoned auctions, resulting in a lower sale price and a reduced debt reduction.
How might the changes affect judicial auction buyers?
-The changes might deter non-speculative participants from judicial auctions who may be wary of purchasing an occupied property. This could reduce the number of potential buyers and favor speculators who might acquire the properties at lower prices.
What are the benefits for creditors regarding the eviction process?
-For creditors, the benefits are tied to the eviction times of the property, which are presumably scheduled two or three months after the issuance of the Transfer Decree. This provides a clearer timeline for the resolution of debts.
What are the potential disadvantages for creditors with the new rules?
-The potential disadvantages for creditors include a possible reduction in the number of potential buyers, which could lead to lower sale prices and extended sale times, affecting the recovery of debts.
What is the long-term outlook for the changes to Article 560 CPC?
-The long-term outlook for the changes to Article 560 CPC requires a long-term analysis. It will be necessary to wait for concrete indications on what will happen in the future, as the full impact of these changes may not be immediately apparent.

Outlines

00:00

🏠 New Rules for Mortgaged Property Release

The recent decree has introduced significant changes in the field of mortgaged property release, which is excellent news for those who own a mortgaged property. The new regulations have simplified the process and made significant modifications to Article 560 of the Civil Procedure Code. The most relevant change allows the debtor, who resides in the mortgaged property with their family, to continue living there until the issuance of the Transfer Decree. This means that the property can be inhabited until the buyer from a judicial auction has paid the full purchase amount and the judge has issued the Transfer Decree, confirming the property ownership change. It's important to note that the debtor must prove that the property is their main residence, implying that second homes and properties of a different nature cannot benefit from this provision. There are exceptions where the court can decree the release of the mortgaged property even if the debtor resides in it, such as when the debtor does not cooperate with the procedure, for example, by denying access to potential buyers during the auction or causing damage to the property. The provisions of Article 560 are not retroactive, applying to mortgages subsequent to the publication in the Official Gazette. The changes have been applied in principle since February 2019. The modification has advantages and disadvantages from different perspectives: the debtor, the auction buyer, and the creditor. For the debtor, it allows them to not worry about finding a new arrangement until the property is sold, potentially gaining one to three years of time. A possible disadvantage could be that these new provisions might lower the resale value of the property. For auction buyers, there might be a reluctance to purchase an occupied property, potentially reducing the number of potential buyers and favoring speculators who buy at lower prices. For creditors, the disadvantages are evident as they might see a reduction in the number of potential buyers, leading to lower prices and extended sale times. Long-term analysis will be required to understand the full impact of these changes.

Mindmap

Keywords

💡liberation of mortgaged property

The term 'liberation of mortgaged property' refers to the process by which a property that has been pledged as collateral for a loan (mortgaged) is released from that obligation. In the context of the video, it is discussed as a significant change in Italian law that allows debtors residing in their mortgaged property to continue living there until the property transfer decree is issued, which is a positive development for those in such situations.

💡recent decree

The 'recent decree' refers to the latest legislative changes that have been introduced to simplify the process of liberating mortgaged property. These changes are highlighted as bringing significant modifications to Article 560 of the Italian Code of Civil Procedure, which governs the occupation of mortgaged property until the transfer decree is issued.

💡Article 560 CPC

Article 560 of the Italian Code of Civil Procedure (CPC) is the legal provision that specifically addresses the occupation of mortgaged property. The video discusses significant changes to this article, which now allows debtors residing in the mortgaged property with their family to continue living there until the property transfer decree is issued, a change that did not require any amendments to the existing article.

💡property transfer decree

A 'property transfer decree' is a legal document that certifies the change of ownership of a property from the debtor to the buyer. In the context of the video, it is emphasized that the property can be lived in until the buyer from a judicial auction has paid the full purchase amount and the judge has issued the property transfer decree.

💡main residence

The term 'main residence' refers to the primary home of an individual or family. In the video, it is important for the debtor to prove that the mortgaged property is their main residence, as the new provisions only apply to primary residences, excluding second homes or properties of a different nature.

💡exceptions to the liberation of mortgaged property

The 'exceptions to the liberation of mortgaged property' refer to specific circumstances under which a judge can decree the liberation of a mortgaged property even if the debtor resides in it. One such exception is when the debtor does not cooperate with the auction process, for instance, by denying access to potential buyers during the auction or causing damage to the property structure.

💡non-collaboration

In the context of the video, 'non-collaboration' refers to the debtor's refusal to cooperate with the necessary procedures related to the sale of the mortgaged property. This could involve denying visits to the property to potential buyers during an auction or causing damage to the property, which can lead to the judge decreeing the liberation of the property.

💡retroactivity

The term 'retroactivity' in legal contexts refers to the application of a new law or regulation to events that occurred before the law was enacted. In the video, it is clarified that the provisions of Article 560 do not have retroactive effect, meaning they only apply to mortgaged properties after the publication of the changes in the Official Gazette.

💡judicial auction

A 'judicial auction' is a formal sale conducted by a court or a government official to sell property to satisfy a debt or obligation. In the video, it is mentioned that the debtor can continue living in the mortgaged property until the entire purchase amount is paid by the buyer from a judicial auction, which is a key aspect of the new rules for the liberation of mortgaged property.

💡buyers from judicial auctions

Refers to individuals who participate in judicial auctions to purchase properties. In the context of the video, these buyers may be deterred by the new rules that allow debtors to continue living in the property after the auction until the property transfer decree is issued, which could lead to a reduction in the number of potential buyers and lower sale prices.

💡creditors

In the context of the video, 'creditors' are the individuals or entities to whom the debtor owes money. The changes to the liberation of mortgaged property could affect creditors as they may see a reduction in the number of potential buyers for the property, which could lead to lower sale prices and a longer time to recover their debts.

💡advantages and disadvantages

The 'advantages and disadvantages' of the changes to Article 560 are discussed from the perspectives of the debtor, the judicial auction buyers, and the creditors. For debtors, the advantage is the ability to continue living in the property until the transfer decree is issued, while a potential disadvantage could be a lower resale value if the presence of the debtor deters buyers. For buyers, the advantage is a potentially quicker liberation of the property, while a disadvantage could be the reluctance to purchase an occupied property. For creditors, the disadvantage is the potential reduction in the number of buyers and sale prices.

Highlights

New rules for the eviction of mortgaged property have been introduced.

Significant changes have been made to Article 560 of the Civil Procedure Code.

The debtor and their family can continue living in the mortgaged property until the transfer decree is issued.

The property can be lived in until the full purchase amount is paid by the auction winner.

The debtor must prove that the property is their main residence.

Second homes and properties of a different nature cannot benefit from this provision.

Judges can decree the eviction of the mortgaged property if the debtor does not cooperate with the procedure.

Damage to the property by the debtor can lead to a decree for eviction.

The article 560 provisions are not retroactive.

These principles apply to mortgages published in the Official Gazette from the date of publication onwards.

The changes have been applied in principle from February 2019.

For those with a mortgaged property, the change allows them not to worry about finding new accommodation until the property is sold.

The new regulation allows for gaining one to two or more years of time.

A potential disadvantage could be a decrease in the resale value of the property.

The presence of the debtor in the property might lead to more abandoned auctions, lowering the sale price.

For judicial auction buyers, there might be a reluctance to purchase an occupied property.

Speculators might benefit from buying properties at lower prices.

Advantages for auction participants are linked to the expected two or three months release time of the property after the transfer decree.

Creditors might see a reduction in potential buyers, leading to lower prices and extended sale times.

Long-term analysis is required for the modifications made to Article 560.

Concrete indications of what will happen in the future will only be available after some time.