Záložnému Debtor (original owner) ex lege (by law) imply an obligation to pass the subject auction bidder, passed to the ownership of, this obligation mortgage borrower is even mentioned in the notarial record on auction (title acquisition of ownership). Original owner, or. people, the property taken must submit property bidder without undue delay, upon presentation of a notarial deed and standing people / Entity, who was granted a hammer at auction. Auctioneer shall be assisted in bringing the subject of the auction so, to draw up a course transfer Minutes of the transfer protocol-object auctions and submit the required number of copies of individual participants.
Handing over the auction is easier if, if the value of the proceeds from the auction exceeds all claims with facilities secured by a lien on the deposit viaznucimi. Sum, which exceeds's secured claims will be paid from the debtor uninterruptible notary public only if the voluntary surrender of deposit. Funds, to be paid in favor of the former owners are kept in the notary public until the moment, as there is no actual surrender of property bidder.
The auctioneer is not responsible for the actual acquisition of control over real estate bidder, premises or property release for a mortgage borrowers and those with him living in the property. In practice, then it seems, that although the successful bidder all authorizations for use of the property, to real property and not get to enjoy it in accordance with its status as owner. In the case of, that the backup debtor - the original owner of the auctioned properties auctioned property does not surrender voluntarily bidder - the new owner of property (backup), successful bidder has three options:
What if, IF TRANSFER OF PROPERTY dashed original owner?
- Seize the property intimidation, threats or force relying on the wording of § 853 ODS. 2 Civil Code, according to which it is not necessary in such circumstances to ensure good manners. The question remains, when the conduct of the successful bidder only contrary to good morals and when it constitute criminal offenses. It is a risky procedure in terms of, when law enforcement proceedings before it affects, who should be in terms of natural law protected, like it, who should be in terms of natural law sanctioned.
- The second option is effective administration criminal charge Backfill the debtor, for unauthorized use of property in accordance with § 218 Criminal Law.
- A third possibility is legitimate to pursue their rights in court action for eviction. Followed by a final court decision bidder may contact the bailiff, who shall vacate the property.