Foreclosures Papers

Posted on March 17th, 2009 by saman

For the goods seized it is not necessary a new seizure, but the bailiff is required to determine if goods are found at the foreclosure place and if the application has not been replaced or damaged, and other property seized to the debtor in case those found in the verification are not sufficient for the claim. The presence of a police officer or help or, and, in their absence, the mayor or vice-mayor will be required under penalty of nullity:

1. If the debtor’s doors are closed and nobody wants to open them;

2. if the debtor will not open the rooms or furniture;

3. if the debtor is absent and there is not any relative living with him, to represent him.

In these cases, once homes or furniture have been opened by the debtor or if he does not want it, or in his absence by a bailiff, the police officer or the mayor, they will be able to replaced by two major witnesses. The rooms and furniture will open gradually, as they are recorded in the minutes. The creditor may not be present while tracking. The bailiff, alone or with official people will write, soon a report, which will include:

1. Foreclosure title under which the foreclosure is performed;

2. Showing the creditor for things that must be tracked, if such request was made

3. Surname, name, and address of the parts, of the bailiff, and of other persons who will have faced the tracking

4. Verbal summons made to the debtor to pay, and his answer if he was present

5. Description of the goods seized, and indication of the amount of each of them, after the assessing of the bailiff, if this is possible

6. Showing the place, day and time when the tracking was done.

The minutes of seizure will be signed by the bailiff and by all the people who were present at the foreclosure. If any of these people cannot or does not want to sign, a bailiff will mention this circumstance.

A copy of the minutes of foreclosures is given to the debtor or it is left at his home and, when it is the case, to the custodian, the latter signing with the mention of receipt of goods in storage.

Since the time of property foreclosure, the debtor may not dispose of them during the foreclosure under sanction of a fine, if the deed does not constitute a crime.

The goods foreclosed are left with the creditor agreement, in the custody of the debtor. In this case, the debtor can use the assets foreclosed if, according to their nature, they do not lose value through use. The custodian will be responsible for any damage to the creditor due to his negligence, and it can be according to the circumstances, subject to the punishment shown by the law for criminal abuse of trust.

If the good foreclosed is in common ownership or there is a right of lien or privilege established in favor of another person, a bailiff, taking knowledge about this right, will notify the application of the foreclosure and it will quote at the deadlines set for selling the property in question.