Whether to seize the mortgage account. If the mortgage account is frozen, can it be transferred to the co-borrower? What can a bailiff take for debts?

Enforcement proceedings number if you are a debtor. We also need other information about the existence of debt - the court decision by which it was established, the date of the decision to open enforcement proceedings.
The document according to which the arrest was made.
The number and type of the bank account in which the funds are blocked.
Certificate from the bank about the movement of funds in the account.

The statement of claim is drawn up in any form indicating all the information listed. Do not forget to state your request to the court to remove the seizure from your account and the justification for the illegality of the bailiff’s actions. The complaint is filed with the local court without paying a state fee. It is reviewed within 10 days.

Bailiffs seized the account - what to do? how to unfreeze an account

Attention

Moreover, if the debtor himself contacts the bank for information about debiting funds from the account, then the bank is obliged to provide the necessary data. A frequently asked question is whether the account to which child benefits are received can be seized? IN in this case the answer will be disappointing. Yes they can. What to do if the account is frozen? First of all, you should not give in to panic and let this issue take its course.

Lawyers advise to start by talking to the bailiffs. It makes sense to request a certificate from the bank stating that the account is blocked and the funds have been written off.
With this certificate, you need to contact the FSSP and find out in detail the reason for the blocking and arrest. If you do not agree with the actions of the bailiffs, write a complaint.
If the bailiffs have seized the account, how to pay the loan? Next, it makes sense to visit the bank.

Did bailiffs legally seize a mortgage account in a bank?

Law No. 229-FZ). In fact, a ban can be established on the use of any money that is stored in citizens’ accounts opened under a service agreement. The arrest is carried out on the basis of a bailiff's order.
“The bank or other credit organization immediately executes the decision to seize the cash debtor and informs the bailiff in writing or in the form electronic document, signed by the appropriate official enhanced qualified electronic signature, details of the debtor’s accounts and the amount of the debtor’s funds seized for each account.” (Part 3 of Article 81 of Law No. 229-FZ).

What to do when bailiffs seize money in bank accounts?

Articles 70 and 71 of Federal Law No. 229 of 2007 - provides that if the funds in one account are not enough to repay the debt, then bailiffs can foreclose on other accounts.

writs of execution issued by courts of general jurisdiction, as well as the Court of Justice in accordance with court decisions adopted by them;
court decisions, acts;
decisions of FSSP employees.

Seizure of funds by bailiffs Based on Article 69 of Federal Law No. 229 of 2007, collection under a writ of execution is initially directed to the funds of a citizen who is not responsible for debt obligations. Amounts accrued to accounts opened in a bank or deposited in credit institutions are subject to seizure.

Seizure of a mortgage account at Sberbank - what are the options (my experience)

Often citizens apply for a loan or mortgage in banking organization, after which, due to various obligations, they cannot fulfill the terms of the contract. In such a situation, the bank, after accruing penalties, files a claim in court.

Info

After completion of the procedural actions, a writ of execution is drawn up based on court decision, which is sent to the bailiff service. The writ of execution itself must indicate the reasons for the seizure of the account, so the debtor can clarify them if necessary.

On account individual in a bank Seizure of funds can be carried out from a citizen’s bank account. Often on account, except wages, monthly deductions, child benefits or social payments, who will also be arrested by bailiffs.

Seizure and removal of funds

How do bailiffs seize funds? In accordance with Article 81 of Federal Law No. 229 “On Enforcement Proceedings,” seizure of an account is carried out as follows:

The decision on collection falls into the hands of the bailiff.
He, in turn, draws up a resolution to seize the citizen’s funds placed in accounts and sends this document to the relevant banks.
If the account details are unknown, then bailiff sends a decision to search for them to the financial institution.
The bank employee immediately seizes the funds in the amount of the existing debt. In addition, he informs the bailiff about taking appropriate measures.
If there is enough money, it is written off and the account is blocked.

Seizure of bank accounts by bailiffs

Perhaps one of the most serious questions in the practice of enforcement proceedings is the question: Can bailiffs seize a citizen’s mortgage account? Since this issue-problem is of some importance for the practical activities of citizens paying mortgages, we will try to briefly consider the main problem points of this topic. What is a "mortgage account"? What is a "mortgage"? A “mortgage account” usually means a specialized account created by a bank to pay off an existing mortgage.

“Mortgage” is most often understood as one of the forms of collateral, as a result of which a citizen acquires real estate for money provided credit institution or a bank. If a citizen has not repaid existing mortgage debts, then his property may be seized.

Seizure of mortgage account

One of the banks is threatening to seize a mortgage account. read answers (1) Topic: Seizure of an account in a savings bank Bailiffs seized a mortgage account, what to do. read answers (1) Topic: Seizure of bank accounts Bailiffs seized a mortgage account, what to do bailiffs say one thing we have the right to so much money at once no. read answers (1) Topic: Seizure of accounts by bailiffs They seized a mortgage account, and I paid monthly payments on it, the bank employees did not advise me properly and the money was stuck in the account, and heavy penalties accrued on the debt. read answers (1) Topic : To seize Do they have the right to seize a mortgage account? read answers (1) Topic: Orestation of a mortgage account Please tell me for what reasons a mortgage account can be seized? read answers (1) Topic: Buying and selling an apartment I have a question about loans.

Seizure of a card and seizure of an account by bailiffs - what to do and how to get the money back?

But don’t despair or go with the flow. Fight and defend your rights, try to resolve the issue pre-trial. But also the prospect of filing statement of claim Don’t let it scare you, especially if you are sure that the actions of the bailiffs are illegal. So, we talked about what to do if bailiffs seized an account.

30.08.2017

The result of judicial consideration of property disputes is most often a decision ordering the defendant to repay the debt within a certain period of time. In the absence of any action on the part of the debtor, the bailiffs, whose duties include the collection of funds, may seize the bank accounts belonging to him. If the debtor uses borrowed funds, a natural question arises about how to pay off the loan if the account is seized by the bailiffs. Let's try to figure it out.

What does it mean to freeze an account?

According to Article 81 of the Federal Law “On Enforcement Proceedings,” FSSP employees have the right to seize funds exclusively in a bank account. They do not have the right to completely restrict access to the account. In other words, if you are arrested, you will not be able to withdraw money from your credit account/card. There are no restrictions on replenishment.

Important! Complete blocking of access to bank account resulting from the actions of bailiffs is a violation of the law. In this case, you have the right to file a counterclaim in court.

Which account is frozen?

When you receive a notice of seizure of bank accounts, the first thing you should do is figure out which of them is frozen. Usually, financial institutions When issuing loans, they act as follows:

open a current account for the client, into which he makes a monthly obligatory payment;
A loan account is opened in conjunction with the current account, where funds from the current account are transferred in accordance with the payment schedule.

The loan account does not belong to the client, but directly to the organization lending to him. Consequently, the bailiffs simply do not have the right to arrest him. In addition, the balance of this account is most often negative or zero. So, there is simply no need for his arrest.

Important! This scheme applies only to consumer and mortgage loans.

Credit card owners have a slightly different relationship with the bank. As a rule, only a loan account is opened for them. But the subtlety is that the funds on it legally belong not to the client, but to the banking organization. Thus, the FSSP has no right to arrest them. However, the bank itself can limit the debtor’s access to money on a credit card, either by decision of the bailiffs or on its own initiative.

Seizure of the amount

Having received a notice of seizure of accounts, first of all find out which of the described schemes you are working with the bank under. The order of further actions will depend on this.

Advice: Contact your bank branch directly for advice. Together with your employees, you can find a solution that is convenient for everyone.

Consumer loan repayment options

In case of arrest of the current account, you can agree with the bank to deposit mandatory payments directly to the loan. To do this, you will have to visit the bank office and write a corresponding application. You can deposit funds in one of the following ways:

directly through the lender's cash desk;
by transfers from accounts opened in other banks;
from a new current account.

Yes, you can open a new account and link a loan account to it to pay off loans. It would be most reasonable to appoint a third party as the owner of the new account - one of your relatives or friends. In this case, there is no risk that the bailiffs will arrest him too. To ensure regular payments, create a special bank order, which makes it possible to automatically transfer funds to the debtor’s account.

Paying off credit card debt

How to pay a loan if the bailiffs have seized the credit account plastic card? As mentioned above, FSSP employees cannot completely block access to the account. The client still has previously available replenishment options. So you can pay off your existing debt as usual:

through ATMs;
through a bank cash desk;
through non-cash transfers.

Since formally both the credit card account and the funds on it belong not to you, but to the lender, you can try to remove the seizure from it. To do this, you need to get a certificate of absence from the bank own funds on credit card, and then present this certificate to the FSSP employees who are handling your case.

Advice: in addition to the certificate, take with you the agreement for issuing the card. It describes in detail the procedure for use. credit funds and their affiliation.

Possible benefits for debt repayment

Many debtors are interested in the question: is it possible to agree with bailiffs on an installment payment plan for the loan? There is such a possibility; it is provided for in Article 203 of the Code of Civil Procedure. Russian Federation. By the way, on the basis of this document you can also get an installment plan to repay any penalties established in court.

Important! After completing the installment plan, FSSP employees do not have the right to apply any enforcement measures to the debtor. This is stipulated in part 2 of article 37 Federal Law"On enforcement proceedings."

To receive an installment plan, you need to contact the bailiff in charge of your case directly and write a corresponding statement to him. It is best to do this immediately after receiving writ of execution, or at least within five days. Otherwise, you will be considered to be evading your obligations to repay your debts, and you may be subject to an enforcement fee in addition to the main debt.

To substantiate the application, you must provide documents about your financial situation:

income certificates;
confirmation of existing expenses (alimony, medical expenses, expenses for dependents, etc.);
papers confirming your unstable financial situation.

In addition to financial statements, you can also submit affidavits from witnesses confirming your financial situation.

Advice: in addition to contacting the bailiffs, you can also contact directly the bank that issued the disputed loan. Depending on the situation, it may provide either credit holidays for a couple of months, or decrease monthly payment.

Everything changes: changes in legislation are constantly taking place, arbitrage practice. But the provisions of many laws remain unchanged. This also applies to legislative framework about the accounts of military personnel participating in the NIS state program. However, today, precedents have increasingly begun to be recorded when the accounts of some military mortgages were seized due to enforcement proceedings for military debts, alimony, unpaid fines and other collection proceedings.

Position of Rosvoenipoteka regarding arrest of accounts

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

Related materials

Representatives of the Federal State Institution "Rosvoenipoteka" explained that all funds available in the account of a military member participating in the NIS cannot be classified as income funds. It follows that these funds cannot act as the subject of security for any obligations of the contractor.

For this reason, the seizure of accounts where money is transferred to repay a military mortgage should be regarded as a violation of Federal Law No. 229 “On Enforcement Proceedings”.

In addition, representatives of the Federal State Institution "Rosvoenipoteka" emphasized the fact that it is impossible for a bailiff to determine whether a bank account belongs to the category of special accounts registered in the name of a military mortgagee.

How to prevent another arrest

To prevent such situations from arising again, he recommends that contract soldiers 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 in the accounts belongs to payments that are made from federal budget under the CJZ agreement. Such documents include:

CJZ agreement;
loan agreement;
bank account agreement.

What else are the risks of having unpaid debts?

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

Negative credit history for a NIS participant who plans to issue military mortgage, may play a cruel joke in the future. Which one? NIS partner banks, from which military personnel can receive preferential mortgage, they may refuse a contract employee due to the presence of unfulfilled obligations in a timely manner that have 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 will be able to independently obtain a military mortgage from a bank for .

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

indicate why the account was frozen;
provide information proving your case;
request a check based on the information provided.

You can submit 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 to register the apartment, but my husband’s accounts have been frozen, is it possible to open a mortgage account for me, I am a co-borrower?! Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

Is it possible to open a current account at the stage of liquidation of a company?
Is it possible to open an inheritance case if the deceased on the day of death had temporary registration rather than permanent registration?

Answers from lawyers (1) All legal services in Moscow Return of defective goods Moscow from 5,000 rubles. Division of jointly acquired property Moscow from 15,000 rubles.

Seizure of mortgage account

In 2006, my co-borrower husband and I took out a mortgage loan from the Bank of Moscow. I’ll say right away, it’s a small town in Siberia. I had a white salary, my husband did too (until now) and had a business registered under MY individual entrepreneur.

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

We are waiting for “impossibility of collection” from the bailiffs. More than 3 years have passed (the courts were in 2009), but the bailiffs are not taking out anything: they are no longer demanding the debt, but they are not covering the debts either.

beauty

Seizure of a mortgage account at Sberbank - what are the options (my experience)

The bailiff seized the mortgage account, which is paid by the region within the framework of the target program. (1) Subject: Seizure I recently paid off a mortgage loan, today I find out that the money has not been received into the account, since the accounts have been seized, there is a court order from another bank. read answers (1) Subject: Seizure of funds I am selling apartment with a mortgage, my buyers' mortgage account was seized by the court. Bailiffs.

Mortgage loan after divorce if spouses are co-borrowers

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

Having checked the amount of my debts again using the link given above, I discovered that only part of them is in the “Details” column executive document" were marked " Court order”, the rest were provided with a postscript “Act of another body” and only amounts with the mark “Court order No...” were written off.

Announcement

Attention

Can bailiffs seize a mortgage account, what laws govern 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 seized.

Therefore, when answering the question: can bailiffs seize a mortgage account, it should be taken into account that the laws do not prohibit this procedure. Why is seizing a mortgage account not a good thing? It's no secret that people drag out mortgage payments until the last day.

How to repay a mortgage when the client's current account is seized.

Info

The following happened - having deposited money on Wednesday evening, I agreed to the cashier’s offer to write off the amount the next day on Friday (a usual offer, in general). During this time, about 10,000 rubles were written off from my account in favor of the bailiffs (this amount was used for one office work).

Software Before debiting funds, Sberbank checks the availability of the necessary amount in the account for its repayment. Having detected a discrepancy, the program cancels the write-off operation, which is what happened in my case.
After consultation with lawyers, it was found out that filing claims against the bank did not make sense, and I did not consider it right to blame Sber for the fact that I had debts, the collection of which was ordered by the court.
After that, I did what I recommend to do if you are immediately faced with the seizure of your Sberbank account - call the bailiffs at the indicated telephone numbers. As it turned out from the conversation, which was more than friendly, so far only those documents for which enforcement proceedings were carried out by the court were transferred to the bank. The rest were preparing for submission, going through some kind of paper approval procedure and this 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 frozen, can it be transferred to the co-borrower?

Pravoved.RU 552 lawyers are now on the site

Real estate
Mortgage

Good afternoon My husband and I have a mortgage. According to the agreement, the Borrower is the husband, and I, the wife, am a co-borrower.

My (wife's) accounts were seized by bailiffs due to late payments on another loan. Can bailiffs seize the mortgage account that the husband is paying on? arrest of a mortgage account Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

Can my house be seized if I make monthly payments on the loan?
Can property, part of which belongs to a minor, be seized?

Lawyers' answers (2)

All legal services in Moscow Return of defective goods Moscow from 5,000 rubles.
Support of real estate transactions in Moscow from 40,000 rubles.

This article will not be written in the usual format. Here I will outline own experience and I’ll tell you how I encountered the seizure of my mortgage account at Sberbank. A little background - in 2012 I had an individual entrepreneur, under which not a single transaction or any activity was ever carried out. However pension contributions were subject to payment, which I did not know about, 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 learned about my debt. I found out quite by accident, after checking my data on the bailiffs website (here is the link) and discovering a debt with an “accumulated” penalty of approximately 60,000 rubles. Throughout the following 2014, this debt bothered me little; I continued to receive my 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 debt? read answers (2) Topic: A mortgage account has been seized Will I be able to pay off my mortgage early if the current account is seized? (in all branches of Sberbank they say differently, in one they assure that it is possible and they did it - by transfer to a loan account) read answers (1) Topic: Loan account My accounts and mortgage account were frozen, is it possible to negotiate with the bailiffs about lifting the arrest from a mortgage account and from a salary account. read answers (2) Topic: My accounts have been seized Do bailiffs have the right to seize a mortgage account? Thank you! read answers (2) Topic: Rights of bailiffs The bank account (at the request of another bank) containing the mortgage loan was seized. As a result, it is not possible to pay the mortgage.

Bailiffs carry out their activities on the basis of Federal Law N118 “On Bailiffs” and Federal Law N 229 “On Enforcement Proceedings”.

The main task of the service is to organize enforcement judicial acts. They have the right to seize the property of debtors, including bank accounts, card accounts, mortgage accounts, as well as any other property of the persons specified in the writs of execution.

Mortgage accounts in banks

They are opened to citizens at the time they receive bank loan. These are ordinary bank accounts of individuals. The bank withdraws certain amounts from them monthly to repay the loan. The money in these accounts belongs to the citizen. If enforcement proceedings are initiated against him, the account held by such a person is seized and no more write-offs are made to repay the loan.

All money from the account will be withdrawn by the bailiffs as they are received to pay off obligations to another creditor. This system applies to all banks, and Sberbank is no exception.

Payment of a mortgage with a seized account

Payments can be made in cash through the bank's cash desk. With such a loan payment, the money is immediately credited to the lender’s account, bypassing the borrower’s account

If the loan was received from Sberbank, which does not handle cash, you can obtain from it a sample payment order, according to which you can make payments directly to the bank without using your account or card. But if, under such a scheme, money ends up in a bank correspondent account in the name of the debtor, then such funds can also be seized. Payment is possible through the guarantor's accounts by mortgage agreement. To do this, the bank changes in loan agreement provisions regarding payment. Instead of the borrower, the funds will be debited from the guarantor's accounts.

Seizure of a mortgaged apartment

Such facts happen. They can be considered illegal actions on the part of the bailiffs under one condition. If the creditor, in whose favor the collection is carried out with the help of the bailiff service, does not have any advantages over the mortgage bank of the real estate. Currently, the issue of priority between the creditor-mortgagee and young children entitled to alimony is debatable.

The number of apartments owned by the debtor is essential. With the exception of a mortgage on an apartment, if the debtor has no other housing, he cannot be evicted, and his only living space cannot be arrested.

But if the arrest has taken place, then it can be lifted either by paying off the debt or by filing a lawsuit in court alleging the illegality of the bailiff’s actions.

The arrest of an apartment is carried out by entering the data of enforcement proceedings into the registration documents for real estate. No inventory is required for this. Documents are processed through Rosreestr, after which the residential premises are subject to double encumbrance.

In such a situation, the bank may require its debtor to fulfill his loan repayment obligations ahead of schedule. In case of refusal, the pledged property is put up for auction with the participation of bailiffs, if by this time they have not lifted the arrest. All costs associated with the bidding procedure are paid from the debtor’s property.

Criminal proceedings

If debentures, although they arose from a criminal process, their satisfaction takes place according to the norms of civil law; citizens will receive compensation on a general basis and in accordance with the Civil Code.

In a case where a piece of real estate was obtained fraudulently, its possession is illegal, and the illegal owner mortgaged it to the bank, then the arrest may be lawful regardless of other circumstances of the case.