Dopo il pignoramento della casa cosa succede

riCASAre

26 Jun 202307:23

Summary

TLDRThis 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.

Outlines

00:00

🏠 Understanding the Process of Mortgaged Property Redemption

This paragraph discusses the process and considerations when a house is mortgaged. It covers the possibility of redemption for the mortgaged property, the role of the execution judge in deciding the fate of the property based on Article 560 of the Civil Procedure Code, and the conditions under which the mortgaged party can continue living in the property. It also touches on the evaluation and auction process of the mortgaged property, highlighting the importance of the property's market value assessment by a CTU technician and the stages of the auction, including the initial bid price and potential discounts. The paragraph concludes by suggesting further reading on the topic for those interested in learning more about the redemption of mortgaged properties.

05:02

🚫 Common Mistakes and Pitfalls in Mortgaged Property Auctions

The second paragraph addresses the common mistakes made by individuals facing the auction of their mortgaged property. It emphasizes the importance of having the right attitude and strategy to avoid the property being sold at auction without gaining any benefits. The paragraph lists common errors such as ignoring the problem, relying on non-specialists, and maintaining a passive attitude. It also discusses the concept of 'extinction by excess of undervaluation,' a rare event where the property's value depreciates so much that it fails to satisfy the creditor, leading to the end of the enforcement procedure. The paragraph concludes by encouraging those with doubts to seek further advice, underlining the importance of a proactive approach in dealing with mortgaged properties.

Mindmap

Keywords

💡Mortgage

A mortgage is a legal agreement in which a property (in this case, a house) is given as security for a loan. In the video, the term 'pignorata' refers to a property that has been mortgaged and is at risk of being seized or sold to repay the debt. The process of mortgage is central to the video's theme, as it discusses the implications and procedures following a mortgage default.

💡Liberation of the mortgaged property

This term refers to the process by which a debtor may continue to live in their mortgaged property even after it has been pledged. The video explains that until the property is sold at auction, the debtor has the opportunity to continue residing in the house, contingent on the judge's decision based on Article 560 of the civil procedure code.

💡Auction

An auction is a public sale where property or services are sold to the highest bidder. In the context of the video, it is the mechanism through which a mortgaged property may be sold if the debtor cannot repay their loan. The auction process is significant as it determines the final value of the property and the amount that will be used to settle the debt.

💡CTU technician

A CTU technician is a qualified professional responsible for assessing and establishing the market value of a mortgaged property before it is put up for auction. Their assessment, including a detailed description from an urbanistic perspective, is crucial for setting the starting bid price at the auction.

💡Debt extinguishment

Debt extinguishment refers to the complete elimination of a debt. In the video, it is mentioned as one of the main benefits of selling a mortgaged property, as it allows the debtor to clear their debts entirely. This can be achieved through negotiation, known as 'saldo e stralcio', where a discount on the debt is agreed upon.

💡Bad credit register

The bad credit register is a record of individuals who have a history of failing to meet their financial obligations. In the video, it is mentioned that selling a mortgaged property can result in the cancellation of bad credit status, which can have long-term benefits for the debtor's financial reputation.

💡Economic benefits

Economic benefits refer to the financial advantages gained from a particular action or situation. In the context of the video, selling a mortgaged property can provide economic benefits such as the complete extinguishment of debts and obtaining liquidity, which can be advantageous for the debtor even in an emotionally challenging situation.

💡Excessive discount

Excessive discount refers to a situation where the value of the property depreciates so much that it fails to satisfy the creditor's claim. The video mentions that an execution procedure can be extinguished due to excessive discount, which is a rare event that occurs when the property is sold at a very low price or has an insignificant value that no one wants to purchase.

💡Debt after auction sale

Debt after auction sale refers to the remaining debt that a debtor is obligated to pay even after their mortgaged property has been sold at auction. The video clarifies that debts do not automatically disappear after the auction; if the sale does not cover the debt, the debtor remains liable and may face further asset seizures.

💡Passive attitude

A passive attitude in the context of the video refers to the debtor's lack of proactive measures to address the situation of having a mortgaged property at auction. The video highlights common mistakes made by debtors, such as ignoring the problem or relying on non-specialists, which can lead to negative outcomes.

💡Eleven mistakes of the mortgaged

This term refers to a list of common errors made by individuals facing mortgage issues, as mentioned in the video. These mistakes include ignoring the problem, relying on non-specialists, and failing to make decisions, among others. The video suggests that these mistakes can lead to losing the property at auction without gaining any benefits.

Highlights

Foreclosure process introduction and overview.

Explanation of the property release from foreclosure and the conditions under which a foreclosed home can be liberated.

The role of the execution judge in deciding the fate of a foreclosed property.

Circumstances under which one can oppose the property release.

Detailed process of a foreclosed property's auction sale, including valuation and discount possibilities.

The possibility and benefits of selling a foreclosed property to settle debts.

The concept of "saldo e stralcio" for negotiating debt reductions.

Common misconceptions and reasons why many foreclosed homes aren't saved from auction.

The importance of proper legal guidance to avoid foreclosure.

Common mistakes made by those facing foreclosure.

Extinguishing a foreclosure process due to excessive price drops.

The persistence of debts even after the sale of a foreclosed property.

The financial and emotional impact of selling a foreclosed home.

The advantage of negotiating debt settlements in foreclosure cases.

The significant risk of additional losses beyond the foreclosure itself.