Liberazione dell'immobile pignorato Art 560 cpc

Summary

The 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.