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FAQ - QUESTIONS


1. How can I do to participate to a judicial auction?

2. Is it necessary to have cash money to participate to a judicial auction?

3. How much is the percentage immediately necessary?

4. The percentage is indicated in the ruling of sale and it can vary from 10% to 60%.

5. In case of non knocking down of the immovable property, when can I get back the cheques?

6. In case of knocking down, when do I have to pay the final price?

7. Is it possible to see the immovable property before participating in the auction?

8. I know that in most cases, is not possible to see the immovable properties in auction. How is it possible to know the condition of the immovable property?

9. What happens if the immovable property that I have bought in the auction, is busy?

10. When do they extinguish the mortgages and the foreclosures on the immovable property?

11. What can I do if when I get the immovable property, I don't like it?

12. I would like to know how functions a judicial auction.

13. Is it true that there are companies like yours that buy the immovable properties during the auction, even if the person interested into it is not present?

14. Is it possible to buy an immovable property before that it goes to the auction?

15. If the debtor doesn't have the possibility to pay his debts and to take back his immovable property, can he participate to the auction to try to get it?

16. What does it mean "desert auction"?

17. When in the auction there is only one bidder, what happens?

18. Is it true that it is necessary to wait 10 days, to be certain that the immovable property has been awarded?

19. I know that, within 10 days after the auction, it is possible to make a bid of 1/6 of the price of knocking down and that the Judge in this case will decide a new date for the auction. I would like to know if the starting price will change.

20. My immovable property has gone to the auction for various reasons. I have part of the cash money but it is not enough to pay the debts to my creditors. Because of this no banking institute is able to give me a loan. Can I register the loan to one of my children and ask the rest o the amount that I need so that I don’t lose the immovable property?

21. I would like to know if, once that I participated to a real estate auction with positive result, I can register the immovable property to my child.

22. What is a transaction of credits?

23. Often on the publications of the immovable properties on auction, I see the term "part equal to undivided ½ of the entitlement of surface", I would like to know its meaning.

24. Do elderly people who live in an immovable property on auction, without a valid lease contract, must leave in any case the immovable property after the knocking down?

25. After the knocking down in auction after 10 days for the rise of one sixth, when is it possible to get the immovable property?

 

 

 

 

 

 

FAQ - ANSWERS


1. You must present a petition to participate, as written in the ruling of the appointed Judge, at the Court.

2. No, the Courts don’t accept cash money, but only non transferable banker's cheques.

3. The percentage is indicated in the ordinance of sale and it can vary from 10% to 60%.

4. It is necessary to deposit the same amounts indicated in the ruling.

5. Immediately after the auction.

6. The time is established in the ruling of sale and can vary from 30 to 60 days.

7. No, but in case of bankruptcy auction, it is possible to do it after authorization of the Judge.

8. It is advisable to avail of a serious professional, who is able to survey the immovable property on auction and to advise you in the best way.

9. If the immovable property is busy with valid contract, it is possible to oppose it, and the buyer must respect the norms about it. If instead it is busy with non valid contract, after the order of knocking down of the immovable property, it will be possible to do the evacuation. The terms vary from 90 to 150 days from the first notification.

10. The mortgages and foreclosure will be extinguished after the payment of the rest of the amount by the buyer.

11. Resell it! The immovable properties in auction are sold in state of fact and law.

12. It is the classical auction in front of the Judge or in the office of a Notary appointed by the Judge. When the Judge starts the auction, who presented the petition to participate can bid (the amount that he decides) respecting the minimum established in the ruling of sale.

13. Yes, with proxy.

14. Yes, but it will be necessary to pay all the debts on the immovable property and to ask for the extinction of the procedure.

15. No.

16. If in the day of the auction there are no bidders, the auction is called desert.

17. In these cases the immovable property is provisionally awarded to the bidder at the starting price more one bid, as written in the ruling of sale.

18. Yes, because it is possible to petition to the Art. 584 of the Civil code that establishes that by 10 days after the auction whoever can bid at least 1/6 of the price of knocking down. In this case the Judge will decide to fix a second date for the auction.

19. The auction will start from the price of provisional knocking down plus 1/6.

20. Yes, it is possible if there are all the necessary conditions.

21. Yes, if it was written in the petition to participate to the auction. If the son is a minor it is necessary to have the authorization of the Judge.

22. It is an extra judicial negotiation with the Banking companies.

23. It is the auction of the 50% of the immovable property.

24. Yes.

25. First of all it is necessary to pay the rest of the price by the term written in the ruling of sale, then it will be possible to start the procedures for the evacuation.

 





































































































































 

 


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