How to secure a mortgage account from arrest. Does a bailiff have the right to seize a credit account? Mortgage after divorce, if the spouses are co-borrowers

1. The mortgage account was arrested, there is a delay,

Lawyer Kugeiko A.S., 86702 responses, 38690 reviews, online since 05.12.2011
1.1. Hello,
Unfortunately for you, any accounts of the debtor can be arrested without exception.
I wish you good luck and all the best!

2. There is such a situation.
I had my own business (the grocery store goods were taken from suppliers for sale) in 2018. In the same year, in October, I took a loan from Sovcombank 400 tr, it cost me almost 450 with insurance (the loan was issued as a Mortgage secured by an apartment)
By New Year's Eve, things didn't go well. The store that was rented monthly payment was only 10 tr.
At the end of November, the store I rented was sold because I could not find a suitable lease, the buyer bought the store along with the goods. He gave me the money at the price of the manufacturer and in general I was left with nothing + all the reports to the tax office and somehow everything turned out lumpy with no experience in business. Warming up to the full went to look for work. It is clear that no one took a job before the New Year. I only got hired in February. By that time, she was already paying the loan as best she could. Duck, after all, it’s not possible to take a loan back in Let’s go to somehow even out the situation. It turned out to be even worse than the non-lifting amount of loans in the amount of 18,000 rubles a month. With a salary of 16-17 tr. The year 2018 ended and it generally began to go to school, then to devour the hunt, I’m not talking about the fact that the children did not have clothes for the spring. Delays went big 2-3 months. I paid as much as I could, I borrowed 25 tr from my grandmother, she paid 7 thousand each.
I wrote to the restructuring that the income had decreased, they refused. Sued. The court ordered the full amount to be paid.
I filed again for restructuring. I paid 45 tr to repay the loan, they didn’t answer me, they didn’t say hello.
And they sued me again. The trial will take place on October 14.
Offer to bring papers (photo)

The husband works "receives" the minimum wage, his accounts are constantly arrested (there was a car loan, now the tax is waiting for arrest)

Two children older than 18 do not live with us, he said that he was tired of all the disassembly (studies, works).
The youngest is 7 years old and goes to school.
What to do? The apartment that was pledged to me was a gift from my mother. Mom died.

I live in another apartment bought in the Mortgage. And dad lives in that one (does not know about the situation)

I wrote everything in a heap, I hope it's clear.

2.1. If you do not take action, then the apartment donated by your mother will be foreclosed.

3. Bailiffs arrested all accounts. One of which was a mortgage, the second where the child care allowance comes. The bailiff was provided in in electronic format references and statements on these accounts. In connection with this, the bailiff promised to remove the arrest over a telephone conversation, but did not do this, it is not clear for what reasons. As a result, my mortgage was in arrears. I know that the money will be returned. Nevertheless, I would like to punish for illegal actions. Can I sue for moral damages? Since I was wildly worried about this situation, I could not get through to the bailiff during working hours. I don't want to be left unpunished.

Lawyer Shulimov V. G., 4599 responses, 2494 reviews, online since 03/25/2019
3.1. Yes, of course you can.
Good luck.

4. During the divorce, there was no division of property. I myself have been paying a mortgage loan from ex-husband all accounts were arrested and this apartment was also included in the list, although this apartment remains to me by verbal agreement, I paid off the loan for 10 years, what should I do now so that the apartment remains mine, thank you!

4.1. To whom is the apartment registered today, to the spouse or in equal shares?

They arrested the mortgage agreement, it was the agreement, not the bill. I can't pay my mortgage, I'm in arrears. The bank gave information that there was no arrest on IP, a court order and IP for this amount. I wrote to the bailiffs, explained everything, promised to sort it out, but they say that they don’t arrest contracts, only accounts. What should I do and how to be? Who will be to blame for the delay and who will have to compensate for it? Read answers (1)

5. We have been paying a mortgage loan of 44,000 monthly for 5 years. Still pay 9 years. The problem is that the company where I work and make good money in three years will be closed, it has become unprofitable. We decided to sell the apartment, because in three years I will not be able to pay. I have already spoken with a representative of the bank (a person who deals with problem loans and debts) and received a response. The bank doesn't need your apartment, the bank needs money. Though hurt but pay! Or sell through a realtor, that's what to do? I consciously cry, knowing that the apartment will not belong to me!? Or just stupidly take it and not pay, so they can freeze all my accounts! And I will calculate one hell for an infinitely long time! How to get rid of the apartment, of this yoke?

Lawyer Annikova A. G., 90 responses, 63 reviews, online since 02.05.2019
5.1. Good afternoon If you do not pay the mortgage and you, as a borrower, have a debt to the bank, and there is no other property to satisfy the bank's claim, then as a result, there will be a foreclosure on the mortgaged property that is the subject of the mortgage. This right bank is provided for by the Law on Mortgage and the Civil Code of the Russian Federation, if the borrower has made a delay of more than 3 months. The only thing you can hope for is an extension of the period allotted for the sale of real estate to one year. If we consider the option of selling an apartment, then the sale of the mortgaged property by virtue of Art. 37 of the Mortgage Law is carried out with the consent of the mortgagee. In order not to save a large part of the funds paid out, it is better to sell the apartment yourself than if the bank starts the foreclosure process.

Lawyer Makarenko O. N., 4648 responses, 3057 reviews, online since 06/08/2016
5.2. You can sell the apartment on your own without resorting to the services of a realtor. Pay off the debt to the bank, and the rest is yours.

If it is difficult for you to formulate a question, call the free multi-channel phone 8 800 505-91-11 a lawyer will help you

6. I took credits in fast money. The last time I couldn't pay. At first they frightened me, then they threatened to describe the property. And then they sold the IFC-SVEA agreement. Now I found out that all my accounts are frozen, even the mortgage one. Can anything be done?

6.1. Hello Anna!
First you need to look at the website of the bailiffs when a court order was issued against you. Then apply to the court with an application for the restoration of the term and for the cancellation of the court order.

Lawyer Kuramshin R. R., 840 responses, 850 reviews, online since 01/12/2019
6.2. Good afternoon, Anna!
It is possible that a court order has been issued against you. You can find out about the reason for the arrest of accounts in your bank. Further, you can set aside a court order by filing an objection and an application for reinstatement of the missed period with the court that issued the order. If, after cancellation, a claim is filed in in the usual way, You can ask the court to reduce the penalty in accordance with Art. 333 GKRF.

7. I bought an apartment on a military mortgage in January 2015 in the city of Murmansk with the involvement loan funds V bank vtb. On Friday, April 19, 2019, I received a subpoena that VTB Bank was going to return the entire amount of the debt in the amount of 1,909,000 rubles. motivating that for 7 months monthly payments have not been received in honor of debt repayment. I got through to the Russian mortgage loan, they answered that on their part all the conditions are met, payments are transferred to the VTB bank, and the VTB bank explained to me that the bailiffs had seized the account and all the money was collected by them and the bank could not transfer money from this account. Accordingly, the debt ran into interest and all that ... but neither the bank nor the bailiffs informed me that the bank account was arrested for 7 whole months! VTB Bank in the claim to the court he reports that he notified me 4 times about the delay by registered mail at the address of the purchased apartment and not at the address of my registration and residence as indicated in the mortgage agreement (which I did not receive). Please tell me how to be?!

Lawyer Krauter V. N., 10718 responses, 4009 reviews, online since 12/09/2015
7.1. Hello Michael!
You need to prepare a competent objection to statement of claim PJSC "VTB" To do this, contact the lawyer you have chosen on this site personally on a paid basis (Article 779 of the Civil Code of the Russian Federation).

Lawyer Shamolyuk I.A., 61032 responses, 25767 reviews, online since 07.11.2009
7.2. Online such questions are not solved. You need to prepare for the trial, AND PREPARE SMARTLY. Contact a lawyer or a lawyer with documents for a personal consultation. - Art. 779 of the Civil Code of the Russian Federation.

8. Being married took out a mortgage. The main borrower is the husband. After some time, the husband got into an accident in which he was found guilty and ordered to pay moral damages. The bailiff placed an arrest on mortgage apartment. Is it legal? And where is it written? After all, even if the apartment is put up for sale, the entire amount will be spent on paying off the mortgage. Among other things, matkapital was paid into the mortgage account. My husband and I divorced last year and now we have to divide the property and the court, as a 3rd person he invited not the bank (in which the mortgage was taken), but the victim in that accident.

law firm Helios LLC, 12588 responses, 7097 reviews, online since 03/01/2019
8.1. Hello! The bailiff's actions are illegal. If the apartment is in a mortgage, it is pledged to the bank. And already burdened. We need to lift the ban on bailiffs.

Lawyer Bubnova S.B., 1710 responses, 1104 reviews, online since 09/16/2014
8.2. They can arrest, but they will not be able to foreclose the subject of mortgage.

The question is: according to the existing litigation the bailiffs seized bank accounts, arrested the mortgage loan account and the pension accrual account (the only receipt of funds for the debtor), is such a decision legal if now there is nothing to live on and the mortgage is not paid? Thank you. Read answers (1)

9. There was a debt on a mortgage loan. By a court decision, the amount of the debt was determined, the apartment was seized and a delay of 6 months was given. During the delay, I fully repaid the amount of the debt by court order. And today I received an SMS from the bailiffs that my accounts were blocked and funds were withdrawn from them. The amount in the SMS and on the website of the bailiffs is more than determined by the court. Description of the debt "arrears on loan payments (except mortgages)". The questions are:
1. What does arrears in loan payments (other than mortgages) mean? It's a mortgage. 2. Did the bailiff have to notify me before blocking accounts? 3. Why is the amount more for the bailiffs than for the court? 4.What to do?

Law firm LLC "Region 812", 221 responses, 134 reviews, online since 01/06/2007
9.1. It appears to be a performance fee that must be paid.
Federal Law of the Russian Federation "On Enforcement Proceedings"
Article 112. Performance fee

1. The performance fee is monetary recovery imposed on the debtor in case of default by him executive document within the time period established for the voluntary execution of the executive document, as well as in case of non-execution of the executive document subject to immediate execution, within a day from the date of receipt of a copy of the decision of the bailiff to initiate enforcement proceedings. The performance fee is credited to the federal budget.
2. The performance fee is established by the bailiff after the expiration of the period specified in part 1 this article, if the debtor did not provide the bailiff-executor with evidence that the execution was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions. The decision of the bailiff-performer on the collection of the performance fee is approved by the senior bailiff.
3. The enforcement fee shall be established in the amount of seven per cent of the amount to be collected or the value of the property to be recovered, but not less than one thousand rubles from a debtor-citizen or a debtor - individual entrepreneur and ten thousand rubles from the debtor organization.
The obligation to notify the debtor before blocking the account for the bailiff is not established by law.

Lawyer Demeneva E. S., 1637 responses, 769 reviews, online since 08/09/2018
9.2. Elena, hello.
Most likely, you were charged a performance fee. Then the actions of bailiffs are legal. They were not required to notify you about blocking cards and debiting money.

10. All bank accounts of my mother were frozen. IN personal account Sberbank in the Spanish tab. the documents indicated that the arrest and penalty was imposed by Judicial District 3 in the Liskinsky district of the city of Liski LLC Express Credit, the amount of the penalty was indicated. We live in the Republic Buryatia. court order dated 02/01/2019 How to find out what this penalty is and whether it is legally imposed? The decision of the court has not been received, we do not have any information at all.
The account from which the payment on the mortgage loan is debited has also been arrested. How to pay the mortgage now?
On this moment there is one overdue loan in OTP Bank, opened in 2014, the last payment was made at the beginning of 2015. Could they resell this debt to an express loan. How to calculate the term limitation period on this loan?
Can we write an objection to the claim?

10.1. You have 10 days to file an objection to this court order.

11. Hom Credit Bank seized my wife's accounts according to the court decision: EXECUTION R0149000.5934.XML EDO (JUDICIAL DECISION)
No. 2-1-6507/2018 FS 019352588
Engels District Court (Saratov Region).
Engels District Court (Saratov Region)
2 claimant LLC "HKF Bank"
Arrested / collected on accounts: 88.03 rubles.
She has two accounts at the Savings Bank, the account to which the salary comes, and a credit account for a mortgage loan. The question is how to remove the arrest from the accounts, of course, followed by a deduction in the salary of no more than 50%, if the savings bank sends a loan to the bank, and they, in turn, do not know anything and say that the arrest was imposed by the savings bank, and then they are sent to the judicial authority who made the decision. The judicial authority sends to the FSSP, but the documents from the court were not received by the bailiff, my wife is not in the FSSP database, whom to contact, the judicial authority answered this, looking for the bailiff as you want! What to do in such a situation, at the moment, in two days, a salary will be received, and 100% of the salary will be withdrawn from the spouse’s card, is this really according to the law? We tried to find out which of the two banks or the judicial authority needs to provide a certificate stating that this is a salary account, no one gave us an answer. I’ll even say more, at the place of residence of the spouse, a decision has not come since November 2018. I have attached the file, I have erased the amounts and my wife's surname, I do not want disclosure.

Lawyer Piterov V. N., 11301 responses, 5952 reviews, online since 04/11/2016
11.1. Ivan Sergeevich, you need to apply to the magistrate who issued the court order with a statement on the cancellation of the court order. Indicate Sberbank as a third party in the application.
If you need help in drafting an application for the cancellation of a court order, then you can contact any lawyer on the site.

12. The bailiff seized the accounts, and seized the registration activities on the car. At the same time, I did not see the conclusion of the court, and did not receive it. One of the arrested accounts is a mortgage one. How can I complain about the bailiff, and challenge the decisions of the court?

Lawyer Averkova T. N., 9951 responses, 7576 reviews, online since 04/11/2017
12.1. Hello Alexey!
The bailiff performs executive actions by decision of the court. If you have not been to court and the decision is in absentia for you, you need to file an application for its cancellation, provide evidence why you did not receive a decision. Or maybe it's a debt collection order. It can be canceled with one statement.

13. FSSP seized a personal mortgage account for the debt of another bank.

Lawyer Gordeev I. E., 398 responses, 323 reviews, online since 10/12/2017
13.1. Pay in cash to a loan account.

14. Resigned from military service, I am waiting for transfers from my savings mortgage account (I did not use the CHL), only savings, without supplementary funds. Are the bailiffs entitled to seize the account when these savings arrive? Write off a certain amount on your own to pay off a debt? on me openly enforcement proceedings.

Lawyer Utemova A.S., 13915 responses, 4334 reviews, online since 06/26/2008
14.1. You have arrests on all accounts ... when the money arrives, everything will be written off on account of the debt ... there is a way out ... but it is also so slippery.

15. - are there any grounds to postpone, postpone the collection imposed on my SB accounts, including the account from which the monthly loan is debited?
The situation is this: I am one of the owners of an apartment located in another region. The apartment has so far been unsuccessfully sold. Nobody lives in it. My share (smaller) was determined when the court made a decision in the case of divorce and division of property. Then I got a certificate of ownership. Documents for the apartment, contracts with public utilities were drawn up for the ex-wife. As far as I know, the communal fee was not paid and there were court decisions on recovery, the bailiffs were looking for the former.
And suddenly for me, on the day of making monthly payment on a mortgage loan (mine) suddenly received messages about the seizure of accounts and write-offs of amounts. There were difficulties with making monthly payments, and so I think this is just the beginning.
I did not receive any messages, notifications on the imposed penalties! I don't have any court decisions.
Can I demand that the arrest be suspended until I have received the documents on the decisions? Do I have the right to challenge the decision on collection? Ask for an installment! Tell me how to proceed.

Lawyer Astsatryan N. V., 41725 responses, 23573 reviews, online since 11/24/2016
15.1. So you first need judicial act cancel.

Lawyer Gushkina Z.M., 15590 responses, 5858 reviews, online since 10/20/2008
15.2. Good afternoon
Contact the bailiffs, get a decision to initiate enforcement proceedings, which will indicate on the basis of which judicial act the enforcement proceedings were initiated.
Court order - then you should apply for the cancellation of the court order and the bailiff will stop the enforcement proceedings.
Court decision - file an appeal with an application for the restoration of the deadline for its filing.

16. The term of work of JSC "bank" under the loan agreement expires. In the absence of 04.04 on the account of the amount of 12550.40RUR necessary for repayment of the debt. Regardless of the borrower's awareness of the current situation, the Bank issues on 05.04 under the agreement early repayment and sends credit history materials to the FSSP for the arrest of all accounts, including mortgage. Could this be?

Lawyer Sokolova A. V., 1687 responses, 1017 reviews, online since 02/26/2019
16.1. Nothing is clear, what are you quoting? The bank must sue in case of delay.

I am divorced, I am raising a child for 9 years, I receive 8000 alimony. I didn’t work for a long time, I accumulated a lot of debts, and I also have an apartment in a mortgage, I pay alone, my ex-husband refused to say I don’t live with you, pay alone. I got a job a month ago, the salary is 15,000, the bailiffs arrested all my accounts, and even the mortgage one, and the one for which the child receives benefits from social security. The total amount of debt, without a mortgage, is about 300,000. QUESTION: how to pay a mortgage and what to live on if all accounts are arrested? Read answers (3)

17. After the division of the jointly acquired property with the ex-husband, they were issued to me and him writ of execution for debts, I owe him 1,700,000, he owes me 750,000. The documents got into the bailiffs, all my accounts and the mortgage account were arrested, he has nothing, then one day my car disappeared, it turned out the bailiffs took it away for debts and at will my ex-husband was set off debts without even notifying me about it. What to do in this case and how to understand where the bailiffs violated my rights and if I write a complaint about which legislative acts me to refer. I am a mother of two minor children and I need a car for work, to pay the mortgage and support my children. Thank you.

Lawyer Kovresov-Kokhan K. N., 11275 responses, 5008 reviews, online since 03/17/2019
17.1. To correctly answer your question, you need to read the documents. Regulates all Federal Law 229 On Enforcement Proceedings. The car could not be removed without your notice. I had to file a claim.

18. By decision of the court, interim measures were imposed on the mortgaged apartment and all bank accounts, it is impossible to remove interim measures, the judge writes in the ruling that there are no grounds, because he will remove it after the full repayment of the amount of the debt. Does not accept private complaints, does not restore deadlines. In the accounts my money is on me and mine minor child. How to be? 5 months without access to money. The bailiff refuses to remove the arrests, referring to the court ruling.

Lawyer Senkevich V. A., 45190 responses, 16993 responses, online since 08.10.2015
18.1. Hello! You need to look at the documents. Removal of interim measures is possible only by court order.

19. On March 7, 2019, cards and accounts for the housing and communal services debt were arrested, by a court decision of September 26, 2018, to which I was not called, and the debt for the apartment on September 20, 2018 was already paid off. They even seized the mortgage account, and the time to pay for the mortgage is coming to an end. Is it possible to punish housing and communal services for such carelessness?

Lawyer Belousov S.N., 91442 responses, 34146 reviews, online since 04/05/2009
19.1. And what about housing and communal services. The bailiffs were arrested on a writ of execution.

20. The bailiffs arrested the account-account salary card and mortgage, which Sberbank for some reason calls "savings". The arrest was made for traffic police fines, the tenant drove the car, I am the owner. The fines are under contest. I understand that I can go to the bailiffs, show the papers on the challenge, but I think they will not remove the arrest. There is another Sberbank card - it is not arrested. I think to write a statement at work to list the show of her. You need to get a salary, pay a mortgage, too. How to do it right? Can they seize a credit card - formally it belongs to the bank ...

Law firm Femida-Group LLC, 155 responses, 100 reviews, online since 01/11/2018
20.1. Good afternoon

Bailiffs have the right to seize the debtor's accounts, regardless of their purpose, if you have been ordered to search for accounts, all your accounts will be blocked automatically, even newly opened ones.

1. Contact the bailiff with documents confirming that the arrested account is a mortgage loan repayment account.

2. Contact the bank with a question about paying a mortgage with a blocked account. (may offer to enter a guarantor, this creates a different repayment account that will not be related to you and will not be arrested)

21. Paid off a mortgage on a house about two years ago. Yesterday the bailiffs seized the accounts of the guarantors. How to be?

Lawyer Astsatryan N. V., 41725 responses, 23573 reviews, online since 11/24/2016
21.1. Bailiffs without a court order cannot impose an arrest. So there is a judicial act and it must be canceled.

Lawyer Kholodilova I.V., 21868 responses, 13003 reviews, online since May 15, 2013
21.2. Hello! Try asking your bank for clarification. If the loan is closed, you should have a certificate in the form of a bank in your hands stating that you have no debt to the bank.

22. My accounts were frozen. Child support comes to them and a mortgage loan is written off from the card. Is it possible to somehow remove the arrest from the accounts so that these funds are not written off as a debt?

Lawyer Kukovyakin V. N., 10320 responses, 6739 reviews, online since 11/16/2017
22.1. Hello Oksana!
Contact the bailiffs with a written application and attach certificates, according to which child benefits are credited to these accounts.

23. Do bailiffs have the right to withdraw a subsidy from the state? We, as a young family, receive a subsidy from the state for a mortgage, the bailiffs have seized the mortgage account and are withdrawing on account of the debt. Can they do it? Thank you!

Law firm OOO "PRAVOPRO", 20568 responses, 12061 reviews, online since May 18, 2017
23.1. Good afternoon
You need to provide supporting documents to the bailiffs, they do not know about the purpose of the accounts:
Federal Law No. 229-FZ of October 2, 2007 (as amended on December 27, 2018) "On Enforcement Proceedings"
Article 101. Types of income that cannot be levied

1. Foreclosure cannot be levied on the following types of income:
1) sums of money paid in compensation for harm caused to health;
2) amounts of money paid in compensation for harm in connection with the death of the breadwinner;
3) sums of money paid to persons who have received injuries (wounds, injuries, concussions) in the performance of their official duties, and to members of their families in the event of death (death) of these persons;
4) compensation payments at the expense of funds federal budget, budgets of subjects Russian Federation And local budgets citizens affected by radiation or man-made disasters;
5) compensation payments at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets to citizens in connection with the care of disabled citizens;
6) monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation certain categories citizens (compensation for travel, purchase of medicines, etc.);
7) amounts of money paid as alimony, as well as amounts paid for the maintenance of minor children during the search for their parents;
8) compensation payments established by the legislation of the Russian Federation on labor:
a) in connection with a business trip, with transfer, admission or assignment to work in another locality;
b) in connection with the wear of the tool belonging to the employee;
c) amounts of money paid by the organization in connection with the birth of a child, with the death of relatives, with the registration of marriage;
9) insurance coverage for mandatory social insurance, except for the insurance old-age pension, the insurance disability pension (taking into account the fixed payment to the insurance pension, increases in the fixed payment to the insurance pension), as well as funded pension, urgent pension payment and temporary disability benefits;
(as amended by Federal Law No. 216-FZ of July 21, 2014)
(see text in previous edition)
10) survivor's pensions paid out of the federal budget;
11) payments to pensions in case of loss of a breadwinner at the expense of the budgets of the constituent entities of the Russian Federation;
12) benefits to citizens with children, paid at the expense of the federal budget, state off-budget funds, budgets of subjects of the Russian Federation and local budgets;
13) funds of maternity (family) capital provided for federal law dated December 29, 2006 N 256-FZ "On additional measures state support families with children";
14) lump sum financial assistance paid at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets, extra-budgetary funds, at the expense of foreign states, Russian, foreign and interstate organizations, other sources:
a) in connection with natural disaster or other extraordinary circumstances;
b) in connection with a terrorist act;
c) in connection with the death of a family member;
d) in the form of humanitarian aid;
e) for rendering assistance in the detection, prevention, suppression and disclosure of terrorist acts and other crimes;
15) the amount of full or partial compensation for the cost of vouchers, with the exception of travel, paid by employers to their employees and (or) members of their families, disabled people who do not work in this organization, to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation, as well as amounts full or partial compensation of the cost of vouchers for children under the age of sixteen years old to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation;
16) the amount of compensation for the cost of travel to the place of treatment and back (including the accompanying person), if such compensation is provided for by federal law;
17) social benefit for burial.
2. For maintenance obligations in respect of minor children, as well as for obligations for compensation for harm in connection with the death of the breadwinner, restrictions on foreclosure, established by paragraphs 1 and 4 of part 1 of this article do not apply.

Best wishes to you!

Lawyer Yu. A. Demidova, 115 responses, 88 reviews, online since 11/16/2018
23.2. Hello. No, subsidies cannot be withdrawn. You need to provide the SSP with documents confirming that these are government payments.

24. The husband was fined 40 thousand rubles. We paid the fine on time. But exactly a month later, SMS came that they had withdrawn money from the accounts. One of them had money for a mortgage. They went to the bailiffs, figured it out, the arrest was lifted. Why didn't they return the money back to the accounts? On the morning of the 17th, the mortgage loan is written off. And there is no money in the account. What should we do? And all this through Sberbank.

Lawyer Kurilova M.A., 17120 responses, 6548 reviews, online since 01/12/2012
24.1. You had to write an application to the bailiff for the return of money from the account. In writing, with a mark of delivery.

25. Can bailiffs seize a mortgage bank account?

Lawyer Pinyugin D. A., 54 responses, 42 reviews, online since 11/28/2018
25.1. Theoretically, they can, therefore, it is necessary to inform in advance that this account is a mortgage.

26. I already wrote here that I have not paid a loan for almost 4 years, 10 days ago a girl from the Russian standard called and said that the bank gives a preferential offer for a loan, one loan in installments of 1000 r every 40 days, and another restructuring is necessary down payment I said I have no money,
So she calls 20 times a day, I don't answer. AND main question Yesterday I received an SMS saying that my accounts, both mortgage and real estate, will be arrested. Do they have the right to block accounts without a trial ..?

Lawyer Karavaytseva E.A., 57757 responses, 27407 reviews, online since 03/01/2012
26.1. Notice the word "will". This word indicates the prospect, that is, it is possible to go to court with further consequences.

Lawyer Kuzin E.I., 18041 responses, 8287 reviews, online since 04/14/2016
26.2. Until it takes place judgment, no one has the right to arrest accounts and real estate - this is usually their move. They get scared and run to pay.

Lawyer Yusupova G.N., 2577 responses, 1166 reviews, online since May 21, 2013
26.3. Accounts and property (especially mortgage) can be arrested only by a court decision. In your case, according to the Russian Standard, the limitation period has expired. If you now pay the bank (at least 1 ruble), the limitation period will be calculated from the new date. Apparently, the bank is counting on this, trying to persuade you, to intimidate you.

27. Mortgage in Sberbank we pay it! But there are debts on other loans and arrest of accounts (can they arrest a mortgage apartment)?

Lawyer Petrova N. E., 2674 responses, 2221 reviews, online since 10/12/2017
27.1. Good afternoon Theoretically, creditors can ask to seize a mortgaged apartment, but it is hardly possible to actually foreclose on it, since the pre-emptive right in this matter belongs to the bank that issued the mortgage loan.

28. What should I do if the bailiff has arrested the mortgage account of another bank? And how do you keep paying off your mortgage?

Lawyer Bychkova N.V., 12169 responses, 5141 reviews, online since 02/07/2011
28.1. Good afternoon, let the bank provide you with a certificate stating that this is only a mortgage account and then the arrest will be removed, sometimes banks go to a meeting and conclude an agreement according to which a third party extinguishes the mortgage and open another account for this.

29. I wrote a lot of statements to the prosecutor's office, lawful arrest personal mortgage account. The prosecutor's office redirected all the applications to the FSSP, but I never received a response from them. They are not registered in the office of the FSSP, and the bailiff did not have any letters either. The question is how to competently request answers through the prosecutor's office. Thank you.

Lawyer Karavaytseva E.A., 57757 responses, 27407 reviews, online since 03/01/2012
29.1. Also contact the prosecutor's office for violation of the law of the Russian Federation "On the procedure for considering citizens' appeals." Collect damages from the state.

Lawyer Bogolyubov A. A., 19237 responses, 12726 reviews, online since 07/22/2017
29.2. Hello, on the actions or inactions of the prosecutor's office and bailiffs, you have the right to write a complaint to a higher prosecutor's office in accordance with the Law on the Prosecutor's Office of the Russian Federation or to the court in accordance with the requirements of the CAS RF. In court, you can file a motion to request the entire enforcement proceedings and documentation.

30. I have formed a mortgage debt on the Savings Bank. The bailiffs arrested all the accounts, there is no way to pay these debts.
I need to arrange payment for childbirth and arrange monthly allowances on a child. How can I do this without losing money.

Lawyer Danilenko E. A., 88 responses, 52 reviews, online since 09.10.2018
30.1. Good afternoon.
Contact the bank branch with a question about restructuring or granting grace period, banks are trying to meet.

Lawyer Moskvichev A. V., 2994 responses, 1649 reviews, online since 02/28/2016
30.2. Ekaterina, hello,
Maternity payments and child benefits cannot be levied.
Accordingly, you need to take a certificate stating that child benefits are transferred to the account, take it to the bailiff so that the arrest from this account is lifted.
If necessary, the illegal actions of the bailiff can be appealed to the prosecutor's office.

1. The mortgage account was arrested, there is a delay,

The husband works "receives" the minimum wage, his accounts are constantly arrested (there was a car loan, now the tax is waiting for arrest)

I live in another apartment bought in the Mortgage. And dad lives in that one (does not know about the situation)

I wrote everything in a heap, I hope it's clear.

2.1. If you do not take action, then the apartment donated by your mother will be foreclosed.

3. Bailiffs arrested all accounts. One of which was a mortgage, the second where the child care allowance comes. The bailiff was provided with certificates and statements on these accounts in electronic form. In connection with this, the bailiff promised to remove the arrest over a telephone conversation, but did not do this, it is not clear for what reasons. As a result, my mortgage was in arrears. I know that the money will be returned. Nevertheless, I would like to punish for illegal actions. Can I sue for moral damages? Since I was wildly worried about this situation, I could not get through to the bailiff during working hours. I don't want to be left unpunished.

Lawyer Shulimov V. G., 4599 responses, 2494 reviews, online since 03/25/2019
3.1. Yes, of course you can.
Good luck.

4. During the divorce, there was no division of property, I myself have been paying a mortgage loan for 4 years from my ex-husband, all accounts were arrested and this apartment was included in the list, although by oral agreement this apartment remains for me, I paid the loan for 10 years, how should I proceed now to get an apartment left my thanks!

4.1. To whom is the apartment registered today, to the spouse or in equal shares?

Lawyer Annikova A. G., 90 responses, 63 reviews, online since 02.05.2019
5.1. Good afternoon If you do not pay the mortgage and you, as a borrower, have a debt to the bank, and there is no other property to satisfy the bank's claim, then as a result, there will be a foreclosure on the mortgaged property that is the subject of the mortgage. This right of the bank is provided for by the Law on Mortgage and the Civil Code of the Russian Federation, if the borrower has made a delay of more than 3 months. The only thing you can hope for is an extension of the period allotted for the sale of real estate to one year. If we consider the option of selling an apartment, then the sale of the mortgaged property by virtue of Art. 37 of the Mortgage Law is carried out with the consent of the mortgagee. In order not to save a large part of the funds paid out, it is better to sell the apartment yourself than if the bank starts the foreclosure process.

If it is difficult for you to formulate a question, call the free multi-channel phone 8 800 505-91-11 a lawyer will help you

Lawyer Kuramshin R. R., 840 responses, 850 reviews, online since 01/12/2019
6.2. Good afternoon, Anna!
It is possible that a court order has been issued against you. You can find out about the reason for the arrest of accounts in your bank. Further, you can set aside a court order by filing an objection and an application for reinstatement of the missed period with the court that issued the order. If, after the cancellation, a claim is filed in the usual manner, you can ask the court to reduce the penalty in accordance with Art. 333 GKRF.

7. I bought an apartment on a military mortgage in January 2015 in the city of Murmansk with a loan from VTB Bank. On Friday, April 19, 2019, I received a subpoena that VTB Bank was going to return the entire amount of the debt in the amount of 1,909,000 rubles. motivating that for 7 months monthly payments have not been received in honor of debt repayment. I got through to the Russian mortgage loan, they answered that on their part all the conditions are met, payments are transferred to the VTB bank, and the VTB bank explained to me that the bailiffs had seized the account and all the money was collected by them and the bank could not transfer money from this account. Accordingly, the debt ran into interest and all that ... but neither the bank nor the bailiffs informed me that the bank account was arrested for 7 whole months! In a claim to the court, VTB Bank reports that it notified me 4 times of the delay by registered mail at the address of the purchased apartment and not at the address of my registration and residence as indicated in the mortgage agreement (which I did not receive). Please tell me how to be?!

Lawyer Krauter V. N., 10718 responses, 4009 reviews, online since 12/09/2015
7.1. Hello Michael!
You need to prepare a competent objection to the statement of claim of VTB PJSC. To do this, contact the lawyer you have chosen on this site personally on a paid basis (Article 779 of the Civil Code of the Russian Federation).

8. Being married took out a mortgage. The main borrower is the husband. After some time, the husband got into an accident in which he was found guilty and ordered to pay moral damages. The bailiff seized the mortgage apartment. Is it legal? And where is it written? After all, even if the apartment is put up for sale, the entire amount will be spent on paying off the mortgage. Among other things, matkapital was paid into the mortgage account. My husband and I divorced last year and now we have to divide the property and the court, as a 3rd person he invited not the bank (in which the mortgage was taken), but the victim in that accident.

Law firm Helios LLC, 12588 responses, 7097 reviews, online since 03/01/2019
8.1. Hello! The bailiff's actions are illegal. If the apartment is in a mortgage, it is pledged to the bank. And already burdened. We need to lift the ban on bailiffs.

Lawyer Bubnova S.B., 1710 responses, 1104 reviews, online since 09/16/2014
8.2. They can arrest, but they will not be able to foreclose the subject of mortgage.

The question is this: according to the existing judicial debt, the bailiffs seized bank accounts, arrested the mortgage loan account and the pension accrual account (the only receipt of funds for the debtor), is such a decision legal if now there is nothing to live on and the mortgage is not paid? Thank you. Read answers (1)

1. The performance fee is a monetary penalty imposed on the debtor in case of non-execution of the executive document within the period established for the voluntary execution of the executive document, as well as in case of non-execution of the executive document subject to immediate execution, within 24 hours from the date of receipt of a copy of the bailiff's decision -executor on the initiation of enforcement proceedings. The performance fee is credited to the federal budget.
2. The performance fee is established by the bailiff-executor after the expiration of the period specified in paragraph 1 of this article, if the debtor did not provide the bailiff-executor with evidence that the execution was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions. The decision of the bailiff-performer on the collection of the performance fee is approved by the senior bailiff.
3. The enforcement fee is set at the rate of seven percent of the amount to be collected or the value of the recovered property, but not less than one thousand rubles from the debtor-citizen or debtor-individual entrepreneur and ten thousand rubles from the debtor-organization.
The obligation to notify the debtor before blocking the account for the bailiff is not established by law.

10. All bank accounts of my mother were frozen. In the personal account of Sberbank in the Spanish tab. the documents indicated that the arrest and penalty was imposed by Judicial District 3 in the Liskinsky district of the city of Liski LLC Express Credit, the amount of the penalty was indicated. We live in the Republic Buryatia. Court order dated 02/01/2019 How to find out what this penalty is and whether it is lawfully imposed? The decision of the court has not been received, we do not have any information at all.
The account from which the payment on the mortgage loan is debited has also been arrested. How to pay the mortgage now?
At the moment, there is one overdue loan in OTP Bank, opened in 2014, the last payment was made at the beginning of 2015. Could they resell this debt to an express loan. How to calculate the statute of limitations for this loan?
Can we write an objection to the claim?

10.1. You have 10 days to file an objection to this court order.

13. FSSP seized a personal mortgage account for the debt of another bank.

Lawyer Gordeev I. E., 398 responses, 323 reviews, online since 10/12/2017
13.1. Pay in cash to a loan account.

14. I retired from military service, I am waiting for transfers from my savings mortgage account (CHZ did not use it), only savings, without additional funds. Are the bailiffs entitled to seize the account when these savings arrive? Write off a certain amount on your own to pay off a debt? enforcement proceedings have been opened against me.

15. - are there any grounds to postpone, postpone the collection imposed on my SB accounts, including the account from which the monthly loan is debited?
The situation is this: I am one of the owners of an apartment located in another region. The apartment has so far been unsuccessfully sold. Nobody lives in it. My share (smaller) was determined when the court made a decision in the case of divorce and division of property. Then I got a certificate of ownership. Documents for the apartment, contracts with public utilities were drawn up for the ex-wife. As far as I know, the communal fee was not paid and there were court decisions on recovery, the bailiffs were looking for the former.
And then, unexpectedly for me, on the day of making a monthly payment on a mortgage loan (mine), I suddenly received messages about the seizure of accounts and the amounts written off. There were difficulties with making monthly payments, and so I think this is just the beginning.
I did not receive any messages, notifications on the imposed penalties! I don't have any court decisions.
Can I demand that the arrest be suspended until I have received the documents on the decisions? Do I have the right to challenge the decision on collection? Ask for an installment! Tell me how to proceed.

Lawyer Astsatryan N. V., 41725 responses, 23573 reviews, online since 11/24/2016
15.1. So you first of all need to cancel the judicial act.

16. The term of work of JSC "bank" under the loan agreement expires. In the absence of 04.04 on the account of the amount of 12550.40RUR necessary for repayment of the debt. Regardless of the borrower's awareness of the current situation, the Bank issues on 05.04 under the agreement the final demand for the amount of early repayment and sends materials credit history in the FSSP to arrest all accounts, including mortgage.Can this be?

Lawyer Sokolova A. V., 1687 responses, 1017 reviews, online since 02/26/2019
16.1. Nothing is clear, what are you quoting? The bank must sue in case of delay.

17. After the division of jointly acquired property with my ex-husband, writ of execution for debts was issued to me and him, I owe him 1,700,000, he owes me 750,000. the day my car disappeared, it turned out that the bailiffs took it away for debts and, at the request of my ex-husband, they offset the debts without even notifying me about it. What to do in this case and how to understand where the bailiffs violated my rights and if I write a complaint about which legislative acts I should refer to. I am a mother of two minor children and I need a car for work, to pay the mortgage and support my children. Thank you.

18. By decision of the court, interim measures were imposed on the mortgaged apartment and all bank accounts, it is impossible to remove interim measures, the judge writes in the ruling that there are no grounds, because he will remove it after the full repayment of the amount of the debt. Does not accept private complaints, does not restore deadlines. My money is in the accounts for me and my minor child. How to be? 5 months without access to money. The bailiff refuses to remove the arrests, referring to the court ruling.

Lawyer Senkevich V. A., 45190 responses, 16993 responses, online since 08.10.2015
18.1. Hello! You need to look at the documents. Removal of interim measures is possible only by court order.

Lawyer Belousov S.N., 91442 responses, 34146 reviews, online since 04/05/2009
19.1. And what about housing and communal services. The bailiffs were arrested on a writ of execution.

20. The bailiffs arrested the salary card account and the mortgage account, which Sberbank for some reason calls "savings". The arrest was made for traffic police fines, the tenant drove the car, I am the owner. The fines are under contest. I understand that I can go to the bailiffs, show the papers on the challenge, but I think they will not remove the arrest. There is another Sberbank card - it is not arrested. I think to write a statement at work to list the show of her. You need to get a salary, pay a mortgage, too. How to do it right? Can they seize a credit card - formally it belongs to the bank ...

Law firm Femida-Group LLC, 155 responses, 100 reviews, online since 01/11/2018
20.1. Good afternoon

1. Contact the bailiff with documents confirming that the arrested account is a mortgage loan repayment account.

21. Paid off a mortgage on a house about two years ago. Yesterday the bailiffs seized the accounts of the guarantors. How to be?

Lawyer Astsatryan N. V., 41725 responses, 23573 reviews, online since 11/24/2016
21.1. Bailiffs without a court order cannot impose an arrest. So there is a judicial act and it must be canceled.

1. Foreclosure cannot be levied on the following types of income:
1) amounts of money paid in compensation for harm caused to health;
2) amounts of money paid in compensation for harm in connection with the death of the breadwinner;
3) sums of money paid to persons who have received injuries (wounds, injuries, concussions) in the performance of their official duties, and to members of their families in the event of death (death) of these persons;
4) compensation payments at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets to citizens affected by radiation or man-made disasters;
5) compensation payments at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets to citizens in connection with the care of disabled citizens;
6) monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation to certain categories of citizens (compensation for travel, purchase of medicines, etc.);
7) amounts of money paid as alimony, as well as amounts paid for the maintenance of minor children during the search for their parents;
8) compensation payments established by the legislation of the Russian Federation on labor:
a) in connection with a business trip, with transfer, admission or assignment to work in another locality;
b) in connection with the wear of the tool belonging to the employee;
c) amounts of money paid by the organization in connection with the birth of a child, with the death of relatives, with the registration of marriage;
9) insurance coverage for compulsory social insurance, with the exception of the old-age insurance pension, disability insurance pension (taking into account the fixed payment to the insurance pension, increases in the fixed payment to the insurance pension), as well as funded pension, urgent pension payment and temporary disability benefit ;
(as amended by Federal Law No. 216-FZ of July 21, 2014)
(see text in previous edition)
10) survivor's pensions paid out of the federal budget;
11) payments to pensions in case of loss of a breadwinner at the expense of the budgets of the constituent entities of the Russian Federation;
12) allowances to citizens with children, paid at the expense of the federal budget, state off-budget funds, budgets of constituent entities of the Russian Federation and local budgets;
13) maternity (family) capital funds provided for by Federal Law No. 256-FZ of December 29, 2006 "On Additional Measures of State Support for Families with Children";
14) the amount of one-time material assistance paid out of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets, off-budget funds, at the expense of foreign states, Russian, foreign and interstate organizations, other sources:
a) in connection with a natural disaster or other emergency;
b) in connection with a terrorist act;
c) in connection with the death of a family member;
d) in the form of humanitarian aid;
e) for rendering assistance in the detection, prevention, suppression and disclosure of terrorist acts and other crimes;
15) the amount of full or partial compensation for the cost of vouchers, with the exception of travel, paid by employers to their employees and (or) members of their families, disabled people who do not work in this organization, to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation, as well as amounts full or partial compensation of the cost of vouchers for children under the age of sixteen years old to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation;
16) the amount of compensation for the cost of travel to the place of treatment and back (including the accompanying person), if such compensation is provided for by federal law;
17) social benefit for burial.
2. For maintenance obligations in respect of minor children, as well as for obligations to compensate for harm in connection with the death of the breadwinner, the restrictions on foreclosure established by clauses 1 and 4 of part 1 of this article shall not apply.

Best wishes to you!

25. Can bailiffs seize a mortgage bank account?

Lawyer Pinyugin D. A., 54 responses, 42 reviews, online since 11/28/2018
25.1. Theoretically, they can, therefore, it is necessary to inform in advance that this account is a mortgage.

26. I already wrote here that I have not paid a loan for almost 4 years, 10 days ago a girl from the Russian standard called and said that the bank gives a preferential offer for a loan, one loan in installments of 1000 r every 40 days, and another restructuring is necessary down payment I said I have no money,
So she calls 20 times a day, I don't answer. And the main question yesterday was an SMS that my accounts, both mortgage and real estate, would be arrested. Do they have the right to block accounts without a trial ..?

Lawyer Kuzin E.I., 18041 responses, 8287 reviews, online since 04/14/2016
26.2. Until a court decision is made, no one has the right to seize accounts and real estate - this is usually their course. They get scared and run to pay.

27. Mortgage in Sberbank we pay it! But there are debts on other loans and arrest of accounts (can they arrest a mortgage apartment)?

28. What should I do if the bailiff has arrested the mortgage account of another bank? And how do you keep paying off your mortgage?

29. I have written a lot of applications to the prosecutor's office, for an illegal arrest of a personal mortgage account. The prosecutor's office redirected all the applications to the FSSP, but I never received a response from them. They are not registered in the office of the FSSP, and the bailiff did not have any letters either. The question is how to competently request answers through the prosecutor's office. Thank you.

30. I have formed a mortgage debt on the Savings Bank. The bailiffs arrested all the accounts, there is no way to pay these debts.
I need to apply for a childbirth allowance and apply for monthly child benefits. How can I do this without losing money.

Lawyer Danilenko E. A., 88 responses, 52 reviews, online since 09.10.2018
30.1. Good afternoon.
Contact the bank branch with a question about restructuring or granting a grace period, banks are trying to meet.

When applying for a mortgage, the borrower opens a mortgage account, where he makes payments to pay off the debt. He can be universal, savings, on demand. Any of them can be arrested by bailiffs. Despite this, the borrower is obliged to pay the debt on time.

Who can freeze an account?

The arrest of an account means that operations on it become impossible. The money received on it is written off in favor of the plaintiff. Imposed by court order arbitration court, by order of the preliminary investigation bodies, if there is a court decision.

The bailiff-executor, having received a court order, opens enforcement proceedings. Among other penalties, arrests are imposed on all accounts individual opened in banks.

This right is defined in Federal Law No. 229 “On Enforcement Proceedings” in Art. 81 hours 1. Credit organisation, in turn, is obliged to execute the decision to impose an arrest and report this to the bailiff.

Can bailiffs seize a mortgage account?

To make mortgage payments, the borrower opens current accounts with the creditor bank. It can be a universal account, a savings account, a demand account, etc. Accounts are used to transfer funds from them to a loan account that belongs to a bank and cannot be arrested.

According to Law No. 229-FZ, arrest is imposed on cash the debtor, which are on his accounts in banks (deposit, settlement, card, etc.). If there is not enough money in the account to pay the debt, the arrest will be valid until the full repayment of obligations. A credit institution does not have the right to write off the money in the arrested account to pay off mortgage debt.

How to pay off a mortgage if the account is frozen?

There are several options for paying off a mortgage so that the money goes past the borrower's account:

Transfer money directly to a loan account by transfer without opening an account. This can be done in consultation with the creditor bank.
Independently deposit cash directly into your loan account through the bank's cash desk.
ask close relative open a current bank account, make an application for direct debiting of funds from it to pay off the mortgage.

However, first of all, the debtor must put his finances in order, try to resolve the issue with the bailiffs.

According to the Decree of the Plenum of the Armed Forces of the Russian Federation No. 50 dated November 17, 2015, he has the right to file an application to delay or extend the execution of the court order. If such an installment plan is granted, then the arrest will be removed from the account and enforcement measures will not be applied to the debtor.

This application is submitted to the bailiff, who conducts enforcement proceedings within five days after the seizure. Documents must be accompanied by certificates confirming financial position debtor: certificate of income, the amount of monthly payments for mortgage agreement, document other expenses, show family composition, number of dependents, etc.

If it was not possible to arrange a deferral or installment plan, then, in order to get the opportunity to quickly repay the debt, you can contact the bank with a request to provide " credit holidays”, postponing the payment term, prolonging the loan with a decrease monthly installment. When the debtor has a positive credit history and has proven himself to be a responsible borrower, the lender can meet him.

After the arrest is lifted, the borrower will be able to use his accounts opened with the bank.

Everything is changing: constantly there are changes in legislation, changing arbitrage practice. But the provisions of many laws remain unshakable. It concerns and legislative framework on the accounts of military personnel participating in the NIS state program. However, today precedents are increasingly being recorded when the accounts of some military mortgage lenders were seized due to enforcement proceedings on existing military debts, alimony, outstanding fines and other collection proceedings.

The position of Rosvoenipoteka regarding the arrest of accounts

The Federal Bailiffs Service of the Russian Federation turned to Rosvoinipoteka, a structure that systematically transfers savings to military mortgage accounts, for clarification. The FSSP asked to clarify whether it is possible to seize special accounts of military mortgagers opened with creditor banks in order to collect any debts.

Related materials

Representatives of the FGKU "Rosvoinipotek" explained that all the funds available on the account of a serviceman participating in the NIS cannot be classified as income. It follows that these funds cannot act as the subject of securing any obligations of the contractor.

For this reason, the seizure of accounts where money is transferred to pay off military mortgages should be regarded as a violation of Federal Law No. 229 "On Enforcement Proceedings."

In addition, representatives of FGKU "Rosvoinipotek" emphasized the fact that it is impossible for a bailiff to determine whether a bank account belongs to the category of special accounts issued to a military mortgage lender.

How to prevent a repeat arrest

In order to avoid such situations again, he recommends that those contractors against whom enforcement proceedings have already been initiated should contact the FSSP themselves. FSSP employees you must present the entire set of documents confirming that the money received into the accounts belongs to payments that are made from the federal budget under the CZhZ agreement. These documents include:

the CZhZ agreement;
loan agreement;
bank account agreement.

What else threatens the presence of unpaid debts

Often, military personnel who have alimony arrears or unpaid fines on time underestimate the complexity of the circumstances that have arisen. Also they don't think or don't know about possible consequences its financial optionality, which will affect the credit history.

Negative credit history for a NIS participant who plans to issue military mortgage, may play a cruel joke in the future. What? NIS partner banks, from which military personnel can obtain a preferential mortgage loan, may refuse a contractor due to the presence of unfulfilled obligations in a timely manner that spoiled the credit history.

It is better for military personnel not to have "dark spots", despite the fact that, with the help of specialized companies. After all, if the history of debts and loans is clean, a military man and without anyone's help will be able to independently receive a military mortgage at a bank.

Experts recommend contacting the bank and the bailiff service. They should be persuaded to install payments without further arrest of the account. The account has been frozen. How to pay off a mortgage? Everything is quite simple here: you can pay off the existing mortgage through a bank branch (making payments in cash), or transfer money from a relative's account What should I do if the account was illegally arrested? Appeal against the actions of the bailiff with higher authorities, in court or in the prosecutor's office. By the way, making a complaint to the prosecutor is not so difficult. It is enough to observe some formalities:

indicate the reason for the arrest of the account;
provide evidence that proves you are right;
ask for a background check.

You can file a complaint in person (2 copies and a personal visit to the territorial department of the prosecutor's office) or via the Internet.

Is it possible to open a mortgage account for a co-borrower if the borrower's accounts are frozen?

Real estate
Mortgage

Hello! My husband and I are taking out a mortgage, everything was approved for us, the deal went through, we are waiting for documents on registering an apartment, but my husband’s accounts have been arrested, is it possible to open a mortgage account for me, am I a co-borrower?! Minimize Victoria Dymova Support Officer Pravoved.ru Similar questions have already been discussed, try looking here:

Is it possible to open a current account at the stage of company liquidation?
Is it possible to open an inheritance case if the deceased on the day of death had a temporary registration, and not a permanent one?

Answers of lawyers (1) All services of lawyers in Moscow Return of defective goods Moscow from 5000 rubles. Division of jointly acquired property Moscow from 15,000 rubles.

Mortgage account freeze

In 2006, my co-borrower husband and I took out a mortgage loan from the Bank of Moscow. I will say right away, a small town in Siberia. I had a white salary, my husband also (still) and had a business registered on MY IP.

The business went bankrupt during the crisis of 2008, many, many debts remained on the IP (excessive amounts), I quit (my child became very ill, I had to stay with him in hospitals for six months, I have documents) and did not pay (there is simply nothing), bailiffs Of course, everything was described, there is a ban on registration actions on the apartment, there is nothing to take from me, something is debited from the guarantors (one of the debts), but I reimburse them everything (there is a year left). Something is debited from her husband, but his salary is small, white, little is debited.

We are waiting for "impossibility of recovery" from bailiffs. More than 3 years have passed (the courts were in 2009), but the bailiffs can’t stand anything: they don’t demand the debt anymore, but they don’t close the debts either.

beauty

Arrest of a mortgage account in a Sberbank - what are the ways out (my experience)

The bailiff seized the mortgage account, which is paid by the region as part of the target programread answers (4) Subject: Seized the mortgage account We seized the mortgage account, but we made payments not knowing that he was arrested where the money could go in this case.read answers (1) Topic: Seizure The other day I paid off a mortgage loan, today I find out that the money has not been credited to the account, since the accounts have been seized, there will be a proceeding on the order of another bank. read answers (1) Topic: Seizure of funds I sell an apartment on a mortgage, my buyers had their mortgage account arrested by the court. Bailiffs.

Mortgage after divorce, if the spouses are co-borrowers

Thus, I got into a difficult situation - on the one hand, the deadline for writing off the amount of the monthly payment was approaching, on the other hand, I remembered that I had a debt of 60 thousand rubles, for the collection of which the bailiffs arrested the account and all transferred funds had to go to State Treasury, and not to repay my loan. At the same time, I noted for myself that 28,000 from total amount, which I deposited for early repayment (38,000) remained untouched.

Having checked again the amount of my debts using the link indicated above, I found that only a part of them in the column “Details of the executive document” had the mark “Court order”, the rest were supplied with the postscript “Act of another body” and only the amounts marked "Order No..".

Announcement

Attention

Can bailiffs seize a mortgage account, what laws regulate this? Practice and legislation ( civil Code and the law on enforcement proceedings) are unanimous in their opinion: yes, the arrest of a mortgage account is quite possible by a court decision (for example, as an interim measure) or by order of a bailiff (as part of enforcement proceedings). This possibility is explained by the fact that the account for repaying the mortgage is current, and the money in the current account can be arrested.

Therefore, when answering the question: can bailiffs arrest a mortgage account, it should be borne in mind that the laws this procedure do not prohibit. Why freezing a mortgage account is not a good idea? It's no secret that people are "pulling" mortgage payments until the last day.

How to pay off a mortgage when a client's current account is frozen.

Info

The following happened - having deposited money on Wednesday evening, I agreed to the cashier's proposal to write off the amount the next day on Friday (usual, in general, the proposal). During this time, about 10,000 rubles were debited from my account in favor of the bailiffs (this amount went through one paperwork).

Software Before debiting funds, Sberbank checks the availability of the required amount in the account for its repayment. Having found a discrepancy, the program cancels the write-off operation, which happened in my case.
After consulting with lawyers, it was found out that making claims to the bank did not make sense, and I did not consider it right to blame Sberbank for the fact that I had debts, the resolution on the collection of which was imposed by the court.
After that, I did what I recommend doing immediately faced with the arrest of your account in Sberbank - call the bailiffs at the indicated numbers. As it turned out from the conversation, more than friendly, so far only those documents were transferred to the bank, the enforcement proceedings on which were carried out by the court. The rest were preparing for filing, went through some kind of paper approval procedure and at the moment were inactive for write-off. I agreed with the bailiffs that I would start paying off my debt monthly and call at the end of each month with reports. An hour later, I had already paid off several small debts directly through the FSSP website using a QIWI wallet.

If the mortgage account is arrested, can it be transferred to a co-borrower

Pravoved.RU 552 lawyers are online now

Real estate
Mortgage

Good afternoon My husband and I have a mortgage. Under the agreement, the borrower is the husband, and my wife is the co-borrower.

My (wife) accounts were arrested by bailiffs due to delays on another loan. Can bailiffs seize a mortgage account that a husband is paying? Mortgage Account Arrest Hide Victoria Dymova Support Officer Pravoved.ru Similar questions have already been discussed, try looking here:

Can I seize the house if I make monthly payments on the loan?
Is it possible to seize property, part of which belongs to a minor?

Lawyers Answers (2)

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This article will not be written in the usual format. Here I will present own experience and tell you how I faced the arrest of my mortgage account in Sberbank. A little background - I had an IP in 2012, for which not a single transaction or any activity in general was ever carried out. However pension contributions were payable, which I did not know, since an individual entrepreneur was opened on the advice of a friend, and then I did not go into details. However, ignorance is no excuse, and about a year later I found out about my debt. I found out quite by accident, after checking my data on the website of the bailiffs (here is the link) and discovering a debt with a “dropped” penalty of about 60,000 rubles. Throughout the subsequent 2014, this debt bothered me a little, I continued to receive a salary on the card and live as I lived, until at the end of the year I suddenly decided to take out a mortgage.
Can a mortgage account be seized to pay off a debt.read answers (2) Topic: Mortgage account seized Can I pay off my mortgage early if my current account is seized? (in all branches of Sberbank they speak differently, in one they assure that it is possible and they did it - by transferring to a loan account) read answers (1) from a mortgage account and from a salary account. read answers (2) Subject: My accounts were arrested Do bailiffs have the right to arrest a mortgage account? Thank you!read answers (2) Subject: Bailiffs' rights A bank account (at the suit of another bank) with a mortgage loan was arrested. As a result, it is not possible to pay the mortgage.