Unfortunately, given the current economic crisis, are increasingly fashionable judicial auctions of goods, both movable and immovable.
who has more and some less experienced in their own flesh a judicial or at least it can be afraid of suffering in the future. Each time it costs more to pay the bills flat, car, furniture ... But despite what might appear, is not always lost in a judicial sale is more, knowing how they work, you can win. A lot. And even if we are debtors, recover the good that we have seized.
Let's do a quick summary of how these auctions. In case you want to go to them, I recommend further information consult the Code of Civil Procedure.
For starters, distinguish between real estate and personal property. The former refers to houses, flats, offices, plots, etc. and the latter to machinery, furniture, artwork, cars, motorcycles, commercial vehicles, etc.
Once we identified the right to buy (or regain) our people in the place of auction. To bid on them, interested parties must meet three requirements: Log sufficiently, declaring that they know the general and special conditions of the auction and present the proof of having made the appropriate deposit (or have submitted a bank guarantee) in the Account Deposit and Consignment of the court. The amount of this deposit shall be 20% of the appraised value of property securities and 30% for real estate.
The creditor also may be part of the auction, if there are more bidders, and bids can be improved to make them. In addition, you will not post the bond to bid. (NOTE THIS IS VERY INTERESTING TO PRACTICE WHAT I LIKE MORTGAGE CHRISTENING THE CATALAN AND AVOID LIABILITY WITH OTHER DEBTORS. IN ANOTHER POST TO EXPLAIN THE CATALAN MORTGAGE.)
Movable
.
As with all auctions, the person providing the greatest amount of goods will be those who are awarded this auction. Auction procedures will depend on whether the best is above or below 50% of the appraised value of property.
If the best offer is less than 50% of the appraised value, the court will approve the award (technically called shot) for the highest bidder. This will have ten days to settle the amount offered, and may even pay in installments.
If the best offer is less than 50% of the value of the property, the debtor may file a third party (within 10 days) to submit a bid of more than 50% of the property value or even lower at least sufficient to pay the debt to the creditor (which exceeds the best offer). Thus, the debtor (indirectly) gets good and pays debt to the creditor. The latter can also benefit from the auction go to offer for the good the amount owed. Thus, it could be for less than 50% of the amount of the appraisal.
If neither the debtor nor the creditor chose to take these actions, the highest bidder will be good if you provided more than 30% of the value of the property, or whenever the amount offered is sufficient to cover the debt and costs .
Finally, if the best happens to be less than 30% of the value of the property and is not sufficient to cover the debt, will the court who decides whether to approve that bid or not.
And what happens if no bidders or the bid is lower 30% and the court rejects it?
Well, the creditor may claim the award of either the 30% of the appraised value or the amount owed for all items. If no interest and no offer, the court shall lift the embargo.
Eye: If at any time prior to the allotment and delivery of goods to the highest bidder, the borrower cancels the debt by paying the creditor the principal, interest and costs, property seized shall be released and become the property the debtor (or exdeudor in this case).
Real Estate.
The procedure is almost like the property, except by the percentages, instead of 50% becomes 70% and 30% instead of 50% of the valuations.
Another form of auctions that are having a boom in electronic auctions are due to its significant advantages, allowing monitoring and participation, with total security over the Internet. It facilitates the presence of holding public auctions, extending the public all information relating to judicial auction procedures and reduces the impact of auctioneers (possible agreement on the price of the goods and possible pressure on those who do not accept agreement not to interfere in the auction. In other words, the typical "thugs" operating, usually in collusion with the court).
Through this Auction Portal Judiciary Ministry of Justice can follow both the auctions you can bid on the Internet as those in which only one can participate in person.
order to participate as bidders in electronic auctions just have to be a registered user of judicial auction site, for which will require a digital certificate if you register on line or you can bring to the court and in register Auctions Units are attached to the electronic auction system.
can find more information about auctions or many other financial and tax issues in the Risk and Delinquency blog. Also interesting websites and blog Ranki-public auctions.
You know: if you have some money available and find a good opportunity ... Bid for it!
source: practicajuridicayempresarial.blogspot.com
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