Removing an encumbrance from an apartment - how to become a full owner?

Basic moments

According to Article 77 of the Tax Code of the Russian Federation, the seizure of a citizen’s property can be carried out by the tax or customs service if the owner of the property has debts to organizations.
In accordance with the provisions of the Criminal Code of the Russian Federation (Article 115), arrest is imposed on a financially responsible citizen who is a suspect or accused. The very concept of “seizure of property” means that the person whose things have been detained will not be able to dispose of them. In particular, the possibility of making purchase and sale transactions, transferring property as a gift, or including a person in a will will disappear.

In some situations, the seized item is confiscated. Confiscation of an object is carried out by issuing a writ of execution with the involvement of bailiffs. During an arrest, FSSP employees are required to invite witnesses and draw up a report on the confiscated items. After this, the seized items may remain with the owner. If storage of the seized property is refused, the bailiff may transfer the items to another location.

Why remove the arrest from the apartment?

The owner of the seized property is limited in the ability to perform legally significant actions with his property. He cannot have his own living space:

• sell,
• give,
• bequeath
• change.

Relatives cannot be registered in a home that is under arrest or rented out. The owner of the apartment has difficulties, to resolve which it is necessary to remove the imposed restrictions. When you buy a foreclosed home, you can find yourself in an unpleasant situation. Encumbrance can be initiated:

• judicial authorities on the basis of a statement of claim from the injured party;
• bailiffs after receiving a court order or as part of enforcement proceedings;
• state customs employees;
• the prosecutor's office;
• investigative authorities.

A home can be seized if the owner owes a large amount of money to banks, other organizations or individuals. The court has the right to limit the rights of the home owner if he has caused physical, moral, material damage to the organization or citizens. In this case, the apartment serves as security for the claim of the injured party.

Investigative authorities may insist on the seizure of residential real estate when a case of major theft or fraudulent activity is being conducted, especially if representatives of the investigative authorities suspect that the apartment was purchased with stolen money. It is understood that the property can be used to partially compensate for the damage caused. The court has the right to confiscate property from a citizen who has committed an unlawful act.

To restore his rights to property, the home owner must find out who exactly introduced the restrictions and for what reason. Then you will have to pay the debts or challenge in court the legality of the actions of the arresting authorities. Only after this can the burden be removed.

If the buyer has decided to buy a house that is under encumbrance, but does not know how to buy a seized apartment, he should contact a notary. The seller and buyer can enter into a purchase and sale transaction if the debt for the owner of the home is paid by the future owner. Naturally, the paid amount must be deducted from the cost of the apartment.

Existing types of proceedings

Typically, the process of removing restrictions on property takes place in civil court. But, if a criminal offense has been committed, the location of the case changes. There are a number of significant differences between civil and criminal cases.

But the main difference between the processes is the inability of the applicant to influence the course of the proceedings if they are carried out within the framework of criminal law.

How to find out if there is an arrest and who imposed it

Only the body by whose order or petition the seizure was imposed can remove restrictions from a residential property. Cancellation of the ban on a citizen’s right to fully dispose of his property occurs at the request of:

• owner;
• a trusted or interested person;
• judicial authorities.

You can obtain information about the existence of a seizure on the apartment and the government agency that imposed the restrictions via the Internet or from the My Documents organization (MFC). Any interested person, knowing the address of the residential premises, can submit a request on the Rosreestr portal. Information about the condition of the housing stock and its owners, according to state law, is not classified as secret or personal, so anyone can receive it. Information about all restrictions relating to citizens' real estate is available in Rosreestr.

The easiest way to get the information you need is via the Internet. You can order an extract from the Unified State Register on the Rosreestr portal. The document is issued for a fee, the cost of the service depends on the completeness of the information reflected in the document. The letter can be received in several ways:

• by mail;
• at the Rosreestr office;
• to the e-mail of the service customer.

You can order an extract through the government services portal or on real estate intermediary websites. To place an order for an information letter, you need to know the exact address of the home or its cadastral number. After submitting a request for a service, you will receive an email with your order number and bank details. Payment can be made in any available way:

• through the bank - online;
• transfer from a card;
• cash via ATM.

How to lift the seizure of an apartment by bailiffs

First you need to make sure that the property is actually seized. It is likely that the bank, microfinance organization or collectors thus want to exert pressure and force the debtor to pay. To clarify the situation, order an extract from the Unified State Register of Rights. Moreover, absolutely any person, not just the owner, can apply to Rosreestr. This is easy to do through the official website of Rosreestr.

A residential property is often seized for non-payment of utility bills, outstanding loans and other reasons. Often it can be avoided, and with a properly developed strategy, you can free the apartment from encumbrance without any problems. But to do this, you need to be in the know and have all the necessary information. Let's try to figure out how to vacate the apartment.

We recommend reading: How to Find Out Who Owns an Apartment

What is subject to arrest

The debt collection procedure begins with an attempt to seize the funds of the offending person. Depending on the situation, different currencies are used. The size of the debt must correspond to the size of the payment. If the debtor does not have enough money, collection takes place through the seizure of property. The person subjected to such punishment has the right to personally indicate the things subject to confiscation. Otherwise, the bailiffs have the right to seize the property themselves. Items subject to seizure are:

• precious things;
• objects of art (paintings, souvenirs);
• cars;

We suggest you read: The exit is closed.
What kind of debts will not be allowed abroad ? There are other valuables that may be subject to arrest.

Checking the existence of a lien on a land plot

Before signing an agreement regarding real estate, you should clearly understand the legal status of the object: whether there are any encumbrances on it.

You can check the seizure of land by contacting the authorized body - (Rosreestr).

Rosreestr, guided by the Unified State Register of Real Estate. It contains information about objects, including arrest data.

Information is available in an extract from the Unified State Register of Taxes, which can be obtained no more than 3 business days after submitting the request:

• at the Rosreestr office;
• in the Multifunctional Center (MFC);
• online;
• through on-site service.

To do this you need to submit:

• statement;
• identification document of the applicant;
• other documents, for example, a certificate of inheritance.

Receiving an extract is a paid service. Its cost depends on the completeness of the information and starts from 300 rubles.

Depending on the method of submitting the application, the applicant will receive a document on paper or an electronic certificate certified by a digital signature.

If you are interested in how to check the seizure of a land plot online, use a special service on the Rosreestr website “Obtaining USRN information.” To do this you need:

1. Go to the main page of the Rosreestr website.
2. Click on “Receive information from the Unified State Register of Real Estate”.
3. Fill out the request by entering:
   object data;
4. your passport details;
5. additional information and scanned copies of documents.
6. Check the entered information.
7. Send a request.

After this, the applicant will receive the requested document.

General information is also available by the cadastral number of the land plot, which is contained in the Public Cadastral Map.

Procedure for lifting arrest

The restriction on the use of seized items may be complete or partial. Following the adoption of the resolution, the bailiff makes the necessary notes. The sequence of the process is implemented in accordance with current legislation. The release of property from seizure may be accompanied by the following features:

1. The citizen fully fulfilled the obligations on the basis of which the enforcement case was initiated. The debt can be repaid after the court has issued a ruling to end the proceedings.
2. Fines against the applicant are canceled if a controversial situation arises. For example, disagreements regarding an incorrect ruling on the ownership of seized objects.
3. An appeal is allowed to initiate the process. It should be filed in situations where the decision is inaccurate regarding the claim of a material nature. This limitation may be the amount of debt. If it does not exceed 3,000 rubles, arrest is not used as an incentive measure.

Each of the analyzed situations has an established sequence of execution. Applications must be completed in different ways and submitted within different deadlines. The package of documents that will need to be prepared to perform the action also differs.

Once it is clear on whose initiative the apartment was seized, you can begin the procedure for lifting the restrictions. If the apartment was seized for debts to utility services, you need to cover the entire required amount in full. With receipts and other types of payment documents confirming the transfer of money to the plaintiff, the defendant is sent to the service that seized the property.

Through bailiffs

You can determine the reason for the seizure of the apartment at an appointment with an employee of the district department of the FSSP at the place of registration of the home owner. You should also apply here if the restriction of the rights of the apartment owner was introduced at the initiative of employees of this body. The bailiff can limit the rights of the owner by court decision or independently, relying on existing enforcement proceedings.

After paying the debt, the defendant must write a statement asking to restore his rights. In addition to the owner, his authorized representative can lift the seizure of the property.

Along with the application, a package of documents is submitted to the FSSP:

• applicant's passport;
• power of attorney, if the interests of the owner are represented by another person;
• paid checks.

Through the court

When is arrest applied?

It is important to note the fact that the use of the measure in question is allowed only in the situation reflected in the current provisions of the law. In particular, this applies to cases of disputes regarding who owns a particular plot of land. The reason for this is the presence of fears that the judicial authority will make an appropriate decision. In addition, arrests may be imposed by other authorized bodies.

Including:

• bailiffs;
• employees of the Federal Tax Service, etc.

An arrest imposed by a bailiff is used in a situation where enforcement-type proceedings are initiated. These officials can do this only with a court ruling. The main condition is that such an act enters into legal force. If all the necessary conditions are met, then the bailiff has the opportunity to begin implementing all activities. This is also reflected in the direct use of arrest.

IMPORTANT !!! If a citizen has a tax debt, this measure will be applied to him by a Federal Tax Service employee. In this situation, tax authorities must obtain permission to implement this process from the prosecutor's office. It is worth noting that the use of an item may be limited in part or in full. This is influenced by the specific circumstances of the incident.

In addition, an arrest imposed by a court in a criminal case is used. This happens when a punishment is applied to the perpetrator, expressed in the form of seizure of property. Initially, the authorized body checks what a particular citizen owns, and then decides whether it will be possible to arrest him.

Basically, the measure in question is applied after a court decision. It is important to note that not all situations allow arrest. In particular, the legislation does not allow the use of this punishment in relation to the site where a residential building is located, recognized as the only dwelling of the guilty person. The main condition is that such property should not be mortgaged.

What to do if your property is seized?

In Art. 146 of the Code of Civil Procedure of the Russian Federation contains restrictions that indicate a list of property that is not subject to seizure. The right of ownership cannot be limited to:

• real estate that is the only place of residence (exception - the arrest is carried out as part of a mortgage);
• household items (clothing, kitchen utensils, bathroom accessories, etc.);
• items of a professional nature of the debtor (at a certain cost);
• pets and things that help care for them (food, buildings);
• things needed for the harvest (including the seeds and seedlings themselves);
• funds, the amount of which does not exceed the subsistence level;
• household items of the debtor if he is disabled;
• award items (prizes, medals, etc.).

Of course, property is seized in order to force the debtor to fulfill all obligations, that is, to pay the debt. Based on this, we can draw a logical conclusion that in order to lift the seizure, it is necessary to fulfill the obligations due to non-fulfillment of which the property was seized.

Arrests can also be canceled in the event of disputes between the parties. Typically, such disputes arise if ownership rights to the seized property are not correctly established. Law 229 “On Enforcement Proceedings” in Article 118 provides information on ways to resolve such situations. But it is not uncommon for such disputes to be resolved in court.

You can also file an appeal and appeal the court decision, because often the court makes incorrect decisions on claims of a material nature, as an example of a situation where the court seizes property when the amount of debt does not exceed 3,000 rubles, although if the debt is less than the amount, then the arrest cannot be imposed.

In order to lift the seizure of property, it is necessary to prepare all the necessary documents and an application to the court, which indicates the reasons why all restrictions on the property should be lifted.

Please be aware that only the owner of the seized property has the right to file an application to the court to lift the seizure (restrictions), but there are exceptions when the seized property is owned by several individuals or legal entities. You can also hire a representative by preparing a power of attorney for him, and in this case he will be able to file a claim in court under a power of attorney, acting on your behalf.

In your application to lift the lien, you must state the reason why you believe the lien should be lifted from your property. Moreover, you need to substantiate your demands as competently as possible, you must have arguments that are maximally supported by laws, and a clear logical chain must be built.

Therefore, I always recommend seeking at least minimal advice from a competent lawyer. I do not dare to give specific recommendations here, since each case is unique and the practice on such issues is varied and enormous, so this is simply beyond the scope of the article. But still, be sure to consult with a lawyer about your problem; this must be done.

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Before filing a claim, you need to pay a state fee and the amount of payment will directly depend on the value of the seized property.

After filing a claim, the court will set a date for the first court hearing at which the proceedings will be held, the court will decide on the validity of your demands regarding the removal of restrictions (seizure) from your property. During the trial, all circumstances will be clarified, all evidence will be considered, and debate will follow.

If the court makes a decision that does not suit you, then you can always appeal the court decision and I advise you to always appeal the court decisions, since you will still have, although not a great chance, to appeal the court decision and remove the seizure from the property. But to appeal, it is also necessary to prepare copies of all the necessary documents and competently substantiate the reason, as well as point out the obvious errors of the court that, in your opinion, made the wrong decision.

The best reason for lifting the arrest will be an indication of obvious and gross errors made during the arrest, since during the arrest the bailiffs must act strictly according to the law.

If the court makes a positive decision, then a copy of the decision must be sent to the authorities through which the property was seized within 3 days, and this is usually a bank, traffic police or Rosreestr, since both movable and immovable property (car, apartment) are seized. After receiving a copy of the decision, the arrest must be lifted. If it is possible to deliver the decisions yourself, then ask the court for the required number of copies and deliver them yourself, it will be faster, since the court will send the documents by mail, which takes a long time and is not always reliable.

In such a situation, persons whose property was seized, instead of the debtor’s property, may file a claim to exclude the seized property from the inventory.

In addition, the person whose property was described instead of the debtor's property will have to prove in court that the property belongs to him and was described by mistake; for this, the court must provide checks and receipts for the purchase of this property, sales contracts and other documents to prove ownership of the property confirming that the property does not belong to the debtor.

That is, if you want to free property from seizure and exclude it from the inventory, then you must provide maximum evidence that the property belongs to you and not to the debtor.

You can also refer to witness statements. We sue not the bailiffs, but the debtor and the collector, and the bailiffs are brought in as third parties.

After the court considers all the circumstances of the case, considers all the evidence, examines the materials, it will make a decision to release the property from seizure and exclusion from the inventory, or to refuse to satisfy the claim if the court could not be convinced of the ownership of the property.

If the decision was positive, then the court will send a copy of the decision to the FSSP, where the bailiff will remove all restrictions from the seized property.

That’s all for me, I hope the article was useful to you, and if you still have questions, ask our lawyer on the website and he will advise you.

Know your rights. Wish you luck!

About the author:

Larin Alexander. Project manager, currently a practicing specialist with a total legal experience of more than 10 years. Graduated from Moscow State Law Academy (O. E. Kutafin University) in 2006. Professional areas mainly Civil Law, Consumer Rights Protection, Labor Disputes. Author of more than 250 articles on the corporate blog.

Procedure for removing seizure from a property

• Paid the state fee. First of all, it was necessary to pay the state fee. According to the law, only the owners of the property can perform these actions. In addition, it was necessary to submit documentation to the judicial inspectorate indicating that the seized property belonged to the applicant. It was also necessary to prepare all other documents confirming the elimination of the reasons for the arrest. For example, in my case it was checks for payment of mortgage debt;
• Wait until the day of trial . After submitting your application, you will need to wait a certain period of time. As a result, a court date will be set. The applicant will be notified of this. During this procedure, a decision will be made as to whether to remove the seizure from the property. If the judge has arguments to reject the applicant's request, which the latter cannot refute, the arrest will remain;
• Appealed the decision. In my case, the judge rejected the request to annul the arrest, and did so unreasonably. I consulted with a lawyer and found out that, according to current legislation, the restrictions still had to be lifted. In this regard, I had to appeal this decision by reporting to higher authorities. I also did this by filing a counterclaim.

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If a housing property that belongs to a certain individual is seized, the owner is automatically deprived of the right to dispose of it. However, the owner is still allowed to live in it. It is prohibited to sell this property, exchange it, provide it for rent, and so on. If the owner of the seized property violates the current rules, then criminal liability will be imposed on him. Some citizens mistakenly believe that an arrest can be hidden. However, this is not the case, because the relevant information is entered into the state register.

Individual situations

In recent years, the state has tightened laws aimed at punishing alimony providers and ensuring the possibility of collecting money from them to minor children and elderly relatives. A bailiff has the right to seize the only home of a person who owes money to his young children. A FSSP employee has the right to impose an encumbrance if there is an alimony debt of 3,000 rubles or more.

The burden on the home of an unscrupulous parent can be removed in two ways. The first option involves full repayment of the debt. The difficulty in solving the problem lies in the fact that when a large amount of unpaid alimony has accumulated, the debtor is simply not able to pay everything at once. Debt repayment occurs in parallel with the monthly payment of current alimony.

Thus, debt repayment can occur over several years. During this entire period, the negligent parent cannot sell or donate his home to other persons. In the event of malicious evasion or his death, the amount of debt will be recovered through the sale of his property.

The second option allows you to lift the arrest from the debtor’s apartment if the interested party withdraws the writ of execution from the FSSP. However, the situation with the arrest may repeat itself if, after a while, the representative of the alimony recipient again contacts the FSSP employees with a request to recalculate the debt.

After paying off the alimony debt, the citizen must contact the district office of the FSSP where his case is located. A government official will be able to lift the arrest from the apartment only after receiving receipts confirming the transfer of money to the recipient of alimony.

A citizen who has fully repaid his debts to the creditor must obtain a certificate from a specialist in the bank’s credit department stating that this organization has no financial claims against him. He needs this document to lift the arrest and protect himself in the event that after some time the credit institution again begins to demand money from the former client.

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Then, having bills and a certificate in hand, the citizen must go to the specialists of the bailiff service to remove the encumbrance. The official, after receiving all the necessary evidence of the execution of the claim, removes the arrest from the apartment.

Head of the bailiff

The opportunity to lift the seizure of the debtor’s property administratively, without going to court, is provided to participants in enforcement proceedings by Article 123 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”.

Where to go

An administrative complaint against a bailiff's decision to seize property is submitted to his superior in the order of subordination. The rules by which it is determined who exactly needs to file a complaint are set out in Article 125 of the Law on Enforcement Proceedings and the Methodological Recommendations for organizing work on consideration of complaints, approved by the Letter of the FSSP of Russia dated May 25, 2021.

The addressee of the complaint depends on which bailiff issued the order to seize the property. The table below shows the rules for determining a superior manager.

If a complaint is submitted to the wrong manager, it will not be returned, but will be forwarded to the correct official. But this will require additional time, which will delay the consideration on the merits.

An administrative complaint is not subject to state duty. Read more about this here.

What to include in a complaint

There is no standard complaint form, but there are mandatory details that must be indicated in this document:

• Full name, address, contact details of the applicant, his role in enforcement proceedings;
• Information about the bailiff whose actions are being appealed;
• Number of enforcement proceedings;
• Data from the resolution on the seizure of the property that is being appealed;
• Justification why the resolution is illegal;
• Links to legal norms;
• Request to cancel the appealed decision;
• Date and signature of the applicant.

The basis for canceling the seizure of property, which is indicated in the complaint, may be:

1. violation of the procedural order of its application;

Expert opinion

Lawyer Alexander Vasiliev comments

The Law on Enforcement Proceedings establishes detailed rules for the application of seizure of property. In most cases, the arrest is formalized by drawing up an act and an inventory of property in the presence of witnesses. The debtor and the collector will be notified of the execution of enforcement actions, but their participation in them is not required.

If the property is seized in violation of the procedure established by Art. 80 of the Law on Enforcement Proceedings, this may serve as a basis for its cancellation. For example, if the seizure of property was carried out without witnesses, this will be a violation of the procedural rules of its production and grounds for cancellation. Another reason to cancel the seizure will be failure to comply with the requirements for identifying property in the act of seizure and inventory.

1. improper application of arrest on the merits;

Even if all procedural rules have been complied with, the debtor can challenge the seizure of his property on the merits. Arguments in favor of canceling the arrest may be:

• disproportion of the seized property to the amount of unfulfilled obligations,
• active actions of the debtor to execute the court decision,
• the fact that the seizure of property harms the rights and legitimate interests of the debtor and others.

There is no universal formula for successful challenge. In each specific case, it is necessary to select arguments so that the cancellation of the arrest order is considered justified. However, you should not count on easy cancellation. The seizure of property protects the interests of the claimant and ensures that the bailiffs themselves carry out the work. Therefore, orders to seize property, issued without procedural violations, are rarely canceled either by higher bailiffs or in court.

Whether the seizure of property can be lifted by another bailiff, read here.

Sample complaint to a higher bailiff for seizure of property

The sample below is an example of drawing up a complaint in an administrative manner to a higher bailiff - executor against an illegal decision to seize the debtor's property. Please consult with an attorney before filing a complaint.

Name of the FSSP department

Full name, position of superior bailiff

Address.

Applicant: Full name of the citizen or name of the legal entity,

address, phone number, role in enforcement proceedings (claimor or debtor)

Enforcement proceedings No.

Complaint

On appealing the decision of the bailiff - executor

The bailiff - executor, full name, name of the structural unit of the FSSP, is conducting legal proceedings No. XXXX, initiated on the basis of the writ of execution No. XXX dated XXXXX, issued by XXXX federal court.

As part of the said legal proceedings, the bailiff issued Resolution No. ХХХХ dated ХХХХХ on the seizure of the debtor's property, namely ХХХХ.

The debtor considers this resolution illegal for the following reasons: XXXXX.

This resolution violates the rights of the debtor and does not comply with the requirements of Articles XX and XX of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”.

Based on the above and in accordance with paragraph 4 of Art. 14, art. 121 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”:

ASK

1. Recognize as illegal the resolution of bailiff XXX No. XXX dated XXX to seize the debtor's property.
2. Oblige the bailiff XXX to eliminate the violations by XXXXX.

Application:

1. A copy of the resolution of the bailiff XXX No. XXX dated XXX on the seizure of the debtor's property.
2. Documents confirming the illegality of the decision to seize the debtor’s property.

Date, signature of the applicant

How to submit

You can submit a complaint in person to the office of the bailiff service department. In this case, the complaint must be drawn up in two copies, and one of them must be marked as having been delivered. The complaint can also be sent by registered mail with return receipt requested.

Another way to file a complaint against a decision to seize property is through the State Services portal. To do this, in your personal account you need to select the section on appealing the actions of bailiffs.

Deadline for filing a complaint

The law establishes a very short period for filing a complaint about the seizure of property to a higher bailiff - 10 days from the date of the decision to seize property (Article 122 of the Law on Enforcement Proceedings). This period does not include non-working days (Article 15 of the law).

According to the rules for calculating deadlines established by the Law on Enforcement Proceedings (Articles 15 and 16), the countdown of the period begins from the next day after the decision is made. For example, if the order to seize property was issued on April 1, then the 10-day period is counted from April 2. The last day to appeal is April 15 (including the deduction of non-working days). If it is a non-working day, then the end of the period is postponed to the first working day following it.

Before the end of the last day of the appeal period, you must file a complaint with the bailiff service. If the complaint is submitted in person, this must be done before the end of the working day. If sent via mail, the complaint will be considered filed on time if the postmark indicates time until 24 hours of the last day for filing it.

Expert opinion

Lawyer Alexander Vasiliev comments

The period is counted directly from the moment the decision is made, if the debtor was duly notified of the time and place of the enforcement action (that is, drawing up an act of seizure of property and its inventory) and of the issuance of the decision by the bailiff. If the debtor was not notified, then the 10-day period is counted from the moment when this information became available to the debtor.

Since by default it is assumed that the bailiff notified the debtor of the execution of enforcement actions, any omission of the 10-day period must be explained in the complaint. Reasons for missing this deadline include:

• The fact that the debtor was not notified of the garnishment action and files a complaint within 10 days after he became aware of it;
• Other valid reasons, if any.

A petition (request) to restore the missed deadline must be added to the text of the complaint. Without this, consideration of the complaint will be refused on the basis of paragraphs. 2 p. 1 art. 125 of the Law on Enforcement Proceedings, since the deadlines for appealing the decision to seize property were not met.

A refusal will also follow if the application was submitted, but the reasons for missing the deadline were considered insufficiently convincing.

In practice, missed deadlines for administrative appeals are reluctantly reinstated. If there is a serious delay, it makes sense to go straight to court.

Consideration of the complaint

The senior manager of the bailiff will consider the complaint against the decision to seize property and decide whether the seizure was justified or not. A 3-day period has been established for consideration from the moment the complaint is received (clause 2 of Article 125 of the Law on Enforcement Proceedings).

Based on the results of consideration of the complaint, a decision may be made on:

• The complaint is declared illegal and the decision to seize the property is subject to cancellation. In this case, all restrictions on the property will be removed;
• Refusal to satisfy the complaint. In this case, the seizure of property will remain.

The decision to refuse can be appealed in court. It is also necessary to appeal to the court cases of delay in considering the complaint. Failure to comply with the deadlines established by law deprives the applicant of the opportunity to protect his rights.

The response to the complaint must be formalized in the form of a resolution of a higher-ranking bailiff. In another form (letter, message) such a response will not be legal.

From judicial practice: the applicant filed a complaint about the inaction of the bailiff to the acting. head of the department - senior bailiff. The subject of the complaint was non-compliance with the procedure for considering the debtor's application to cancel bans on registration actions in relation to real estate. In response to the complaint, the debtor received a letter signed by the acting. the head of the bailiff department with information that the complaint was refused. The debtor appealed the received letter to the court. The court concluded that the form of the superior official's response in the form of a letter does not comply with the requirements of the law on enforcement proceedings. Based on the results of consideration of the complaint, a decision must be made by the senior bailiff to satisfy the complaint or refuse it.

If the court has already considered a similar complaint, then it will refuse to make a decision on the administrative complaint on the basis of paragraphs. 4 paragraphs 1 art. 125 of the Law on Enforcement Proceedings. It is not allowed to issue an administrative act on an issue that has already been resolved by the court. Judicial proceedings are considered to guarantee an impartial and independent examination of the complaint. No court decisions can be refuted administratively. There is a special judicial appeal procedure for this.

Features of filing a claim in court

To lift the seizure of property, it is necessary to write a statement of claim and submit it to the executive authorities. The document must be completed carefully. The statement of claim specifies the property to be returned.

The completed document must be submitted for review. They will agree to accept a statement of claim to lift the seizure of property if the document is sent to the court personally by the debtor who closed the obligations. A citizen to whom things belong under the rights of economic management has a similar right. The legislation of the Russian Federation does not contain information on the strict form of the statement of claim. However, it is required that it include the following items:

• the name of the judicial authority (district court) where the claim is filed (when the case involves conflict situations, it is possible to transfer the claim to the appellate judicial body);
• information about the parties to the proceedings;
• the amount of the claim filed;
• when opening proceedings to obtain compensation for damage caused by arrest, this fact must be indicated in the application;
• information from the act on the application of punishment;
• list of non-compliance with the law in the process (if any);
• wishes of the applicant (to cancel restrictions or modify the status of property).

After registering the document with the secretary, you need to take a copy of the claim, which is stamped. If a person finds it difficult to draw up an application on his own, the rules allow the use of a ready-made sample. You can find a ready-made document on the Internet.

Any process related to litigation is not complete without paying a state fee. Its amount depends on the value of the property.

The procedure for removing a seizure from an apartment imposed by a bailiff

1. The applicant is solely the owner of the seized property. This does not apply to cases where the premises are owned by several people.
2. A third party has the right to submit an application if he has a notarized power of attorney.
3. The statement indicates the reason for lifting the arrest.

After a detailed consideration of the issue, the court makes a decision. However, the mere fact of the existence of a resolution is not enough - it must be registered. To do this, you must provide a certified court decision, as well as a passport of the apartment owner, to the authority that will lift the arrest.

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How to return the selected rights?

Removal of seizure of property in court is carried out in accordance with Article 144 of the Code of Civil Procedure of the Russian Federation. The process requires preparing certificates, writing and submitting an application. The claim must reflect the grounds for annulment of the arrest. The main aspects of such an act are as follows:

1. An application to lift the seizure of property should be submitted to the owner of the seized items. An exception is when property has been seized, the right of ownership of which belongs to several individuals or legal entities. A claim can be filed by a third party. However, it will be necessary to issue a power of attorney for him. It must be previously certified by a notary. Otherwise, it will not be possible to resort to the help of a third party.
2. The claim states the grounds for lifting the seizure of the plaintiff's real estate. They must be specified in full and logically argued. It is better if a competent lawyer takes care of the application. This may have a beneficial effect on the court's ruling.
3. The citizen is obliged to pay the state fee. Its size depends on the price of the detained property.
4. Preliminary hearings are being held regarding the filed claim. They examine the validity of the grounds for lifting restrictions. The court makes the final verdict.

The periods differ in the duration of execution and the features that may be encountered in the process.

Stages of the procedure

Removal of seizure from property takes place in several stages. After filing a claim, you need to collect documents. The plaintiff may be required to provide additional papers and various documented information. The classic procedure in the year is as follows:

1. Before the trial, notices are sent by mail to the parties involved in the case. At the hearing, the object of the conflict is considered. Witness testimony is taken into account. During this period, you can send a petition to lift the seizure of property or change judges.
2. The court is given a set time frame to analyze the circumstances of the case. A 2nd meeting is scheduled to announce the results. All parties to the trial are required to attend, or the judicial authorities will postpone the hearing. The hearing may be postponed if it is necessary for third parties to participate in the procedure.
3. After the judge makes a ruling, you can file an appeal. But such an action can be performed in the presence of circumstances provided for by the legislation of the Russian Federation.

There are cases when restrictions are lifted without trial. Such an action can be carried out if the presence of violations and miscalculations in the arrest procedure is detected. If the court gives an approving ruling on the plaintiff’s claim, a copy of the document must be sent to the institution for the registration procedure within 3 days.

The plaintiff who filed the application is also sent a copy of the decision. Then the following activities are carried out:

• sending the resolution to the FSSP;
• updating information in registers;
• issuance of a fresh document on the restoration of property rights.

Actions to implement a court order can also be carried out by a person chosen as a guarantor. To do this, he must provide a power of attorney certified by a notary. If the plaintiff does not participate in the process, it will drag on for a relatively long period. This follows from the fact that the necessary documentation takes a long time to be transferred from one government agency to another.

How long does the procedure take?

The time frame for lifting the seizure of property depends on individual circumstances. It is worth considering that the process can take a lot of time. The best solution would be to hire a legal specialist. Then you can increase the likelihood of a favorable outcome of the trial.

Removing the seizure of property in a year is a complex procedure that requires specific knowledge. To make it easier, you can hire a lawyer. The procedure for releasing property from seizure can take a long time. During this period, it is not permitted to dispose of movable or real estate at your own discretion. You need to know how to correctly fill out an application to remove the seizure of property.

In order for the procedure to begin, the state duty for removing the seizure from the property must be paid. If each step is carried out correctly, you can hope that the process will go as quickly as possible.

The mortgage is closed. So how to remove the encumbrance from an apartment?

After repaying the loan, you must obtain a document from the bank confirming this, as well as a mortgage on the apartment. If you are a buyer, or have simply decided to pay off your mortgage early, it is you who will have to decide how to remove the mortgage encumbrance from your apartment. At the Registrar's Office you will need the following documents:

• an application for the removal of an encumbrance, which formally comes from both you and the creditor. Therefore, first you need to come to a bank branch, take a sample application, fill it out and have it certified by the employees. Only then can it be taken to the Registration Chamber;
• a certificate confirming your ownership;
• documents from the bank, which recorded the fact of loan repayment, as well as the original agreement;
• mortgage on an apartment.

All owners of the property must be present when submitting the application. In some cases, the presence of a bank representative may also be required. After submitting the documents, five days later you will receive a certificate of removal of the encumbrance from the apartment.

If you wish to receive a new, “clean” certificate of ownership, you will have to wait for a month. At the end of the period, you will be issued a new certificate confirming your full rights to the property. Upon receipt, you will need to pay a state fee. If you do not want or cannot wait a month, for a fee it is possible to speed up the process of reviewing your case by contacting realtors. Sometimes banks themselves offer their assistance in resolving this issue.