Other Foreclosures Issues

Posted on May 6th, 2009 by saman

Up to dealing with the foreclosure contestation or with other applications for foreclosure, the court may suspend the foreclosure, if a bail is deposed within the amount set by the court, unless the law provides otherwise.

If the goods traced are subject to damage, loss, or depreciation, it will only be suspended the distribution of the price. On the suspension demand made according to the law, in all the cases, it is pronounced by the end, which can be attacked by appeal, separately.

In urgent cases, if the bail was paid, the president of the court may order through conclusion without citing parties, the provisional suspension of the foreclosure until the resolution of the request for suspension by the court. The conclusion is not subject to any appeal. The bail that must be deposed is 10% of the value of the request object or it has a fixed value. The bail filed is deductible of the bail set by the court, if necessary.

If there is recognized the contestation to foreclosure, the court, if necessary, cancels the act of foreclosure or disposes its improvement, the cancellation, or termination of the foreclosure itself, the cancellation, or clarification of the enforceable title or the performance of the foreclosure, which was refused.

If it is unjustified the refusal of the executor to begin foreclosure or to perform an act of foreclosure, if the deed does not constitute a crime under criminal law, the foreclosure court according to the law can make the executor pay a fine. Besides, at the request of the interested party they can pay damages for the harm caused thereby.

In the event of disputes concerning the contestation, the contestant may be required to compensate damages caused by delay of the foreclosure, and when contestation was exercised in bad faith, he will be required as well.

In all the cases when the foreclosure title itself is cancelled or the foreclosure is cancelled, the interested person will dispose through the same decision the return of the situation before the foreclosure. Assets on which foreclosure has been performed will be given back.

If the foreclosure was done through the sale of movable property, the return of the foreclosure will be done by refund by the creditor of the amount resulting from sale, updated according to the inflation rate, with some exceptions, which will be mentioned.

In case the court has disbanded the enforceable title, or the foreclosure acts at the request of the concerned party, it will dispose, through the same decision, upon the restore of the situation prior to foreclosure. If the court, which disbanded the foreclosure decision, ordered the retrial of the process and did not take the measure to restore the situation prior the foreclosure, this measure may be taken by the court that has re-trialed the fund. If they have not disposed to restore the previous situation in legal terms, the one entitled may request it to the competent court according to law. The enforceable title issued by a body, other than a court was disbanded by that body, or another body outside the court system.