In the real estate industry, circumstances under which an owner may lose his property occur much more often than we would like. When faced with such troubles, there is a need to protect yourself from risks and keep the apartment in your possession by all possible means. The most important thing in the struggle for property rights is timely awareness of the presence of difficulties.
Regardless of how the property was acquired and when, many citizens do not know about its arrest, despite the fact that there are many reasons for its occurrence. Seizure of an apartment is a legal term, the purpose of which is to serve as a precaution for state and non-state bodies. There are as many ways to lift a seizure as there are reasons for imposing it, and each case will have its own option.
In general, it can be noted that usually such an encumbrance is imposed on housing due to the owner’s failure to fulfill any financial obligations. When the owner or co-owner of an apartment doubts the legal purity of his property or suspects that there are problems, he needs to check whether there are any encumbrances on the apartment. The most convenient way to do this is to use Internet resources.
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Who registers encumbrances
Any residential property is subject to state registration, assignment of an individual cadastral number and entry of information about the property into a single database. Even strangers can obtain information from it. This allows potential buyers to avoid unscrupulous sellers. So, from it you can find out information about the owner, the area of the apartment, location, technical characteristics, as well as about all existing encumbrances, if any.
There are several official and unofficial resources on the Internet through which you can obtain information of interest. It is best to use the website of the Unified State Register. Without leaving your home, after paying the fee, you can fill out an electronic request and receive the necessary certificate. Not only property owners, but also all interested citizens have the right to request information.
It is also important that the seizure of an apartment does not allow its alienation, that is, such an object cannot be sold, donated, bequeathed or exchanged. The ban will remain in effect until the restriction is completely lifted. When an encumbrance arises, Rosreestr makes a corresponding note in the unified database. In this case, only the authority that imposed it has the right to lift the arrest.
What is it for
Referring to current Russian legislation, seizure may be imposed on all real estate. This measure is necessary to ensure that the owner of the property repays the outstanding debt as soon as possible. As long as this encumbrance remains in effect, the owner will not be able to feel completely safe, since he may be left without an apartment at almost any moment.
Sometimes an arrest can be challenged and declared illegal through the court. But this doesn’t happen often and you need really compelling reasons with evidence of violations. They can be released from the imposed encumbrance if:
- The owner files a counterclaim if there is a written expert opinion, according to which the apartment is in an unsuitable condition for use;
- The amount of financial resources spent on the trial has already exceeded the price of the apartment.
It is worth understanding that a seized property is not only an obstacle to transactions. A seizure is the most severe encumbrance of property, limiting its use, including the owner’s right to register new residents in the apartment.
Getting information online
When wondering how to find out whether an apartment has been seized, spending a minimum amount of time and without visiting any government agencies, it is worth noting that there are three options: send a letter, call the registration authority or use the Internet.
To find out whether there is a seizure on the apartment, you can go to the official portal of the territorial judicial authority (at the location of the property of interest) and see whether a court case has been registered against its owner. If no information is found, there is no arrest.
The next option for obtaining information of interest is the Rosreestr website, where you fill out an electronic form, pay the state fee and obtain an extract from a unified database. According to federal legislation, every citizen of the Russian Federation has such a right. In addition to information about encumbrances, the extract will contain information about the cadastral number of the property, its postal address, total area, and owner.
The deadline for providing information will depend on the region in which the apartment is located. The smaller the settlement, the faster. In this case, the amount of the state duty will not exceed one thousand rubles.
Analog option
Most Russian citizens find themselves in unpleasant and difficult situations with the law due to poor awareness of legal issues or lack thereof. Therefore, you should not try to deal with such problems on your own without proper experience, as this can only worsen the problem.
It is important not to forget that information systems in Russia are still considered a kind of innovation, and therefore do not work as unquestioningly as we would like. This fact is reflected in the fact that sometimes information is entered into the network untimely. That is, when making a request on the site and not finding anything there, or vice versa, finding something that should no longer be there, you cannot be one hundred percent sure of the result obtained.
The most reliable way to obtain information about the existence of an arrest is to contact Rosreestr, where the actual information is located. The electronic database on the network is updated, although regularly, but not so often. In addition, the electronic form must be filled out very carefully, otherwise the person of interest will receive incomplete information.
To obtain data from Rosreestr, you must personally appear at the territorial department with a passport, a receipt for payment of the state fee and a written application.
Causes and Effects
If the owner of the apartment, and not the potential buyer, is faced with the problem of arrest, he will have to fight for his property. In order for it to be effective, and also in order to understand what methods to use, you should have an idea of in what cases real estate can be seized and how this happens.
An encumbrance with seizure may be imposed solely by a court decision. The initiators may be the bodies of the Ministry of Internal Affairs, the prosecutor's office, as well as customs. The plaintiff is the party to whom the property owner has not fulfilled his obligations under the contract.
Consequences of seizure of the apartment:
- Impossibility of selling, exchanging, donating, bequeathing or transferring an object as collateral;
- Prohibition on transferring an apartment for rent and rental;
- Difficulties with registering new residents (does not apply to minor children of the owner).
In accordance with the law on state registration of real estate and its alienation, if a court decision has seized an apartment, the registration authority is obliged to notify the owner in writing within three days after the decision is made.
The most common reason for arrest is debt to a banking institution, as well as debt to an individual, properly formalized. Also, the basis may be a claim for compensation for damage, division of property and its confiscation.
What to do with the information
Information about how an apartment is seized is necessary in order to know how to remove this encumbrance. How you remove it will depend on the order in which it was applied. If the arrest was imposed by a court decision, then only a judicial authority has the right to remove it. That is, even when the obligations that served as the reason for imposing the encumbrance are fully fulfilled, the arrest will not be lifted automatically. The defendant, who is also the owner of the property, must file a statement of claim demanding the removal of the restriction. When the claim is satisfied, the arrest will be lifted by court decision, and a corresponding note will be made in the unified state database.
The entire process refers to Article 115 of the Criminal Procedure Code of the Russian Federation. According to it, the amount of the encumbrance may include all legal costs, the debt itself and penalties on it, especially if the original plaintiff is a bank. The registration authority will be notified by court staff about the lifting of the arrest. The owner of an apartment freed from encumbrance can request supporting information using any of the above methods, including via the Internet.
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