If any of the parties to the transaction does not fulfill its obligations or does not have the means to repay the debt, then a collection of land plots can be issued against it. For this purpose, a statement of claim is drawn up, which is submitted to the judicial authority with other documents.
General points
Both foreclosure and seizure, real estate appraisal are carried out on the basis of general rules. Exceptions are only a few points.
A land plot refers to a part of a space that has boundaries in accordance with land legislation. When the right of ownership of any building located on it passes, the buyer receives the right of ownership of the land occupied by the corresponding structure, unless otherwise provided by law.
The concept
Article 69 of the Law on Enforcement Proceedings No. 229-FZ states that when applying to the property of a debtor, it can be withdrawn and sold or transferred to the creditor. The provision applies to land owned. The procedure is carried out by decision of the court. It does not matter which person uses this property. If the land is in common ownership, then the collection applies only to the share owned by the debtor.
The legislative framework
The articles that are relevant to this topic are as follows:
- The above art. 69 of the Law on Enforcement Proceedings No. 229-FZ.
- Art. 278 of the Civil Code of the Russian Federation.
- Art. 446 Code of Civil Procedure of the Russian Federation.
- Art. 68 of the Law "On Mortgage (Pledge of Real Estate)" No. 102-.
- Art. 284 of the Civil Code of the Russian Federation.
Appeal procedure
Any property owned by an individual or legal entity may be seized if the court has made the relevant decision. Up to this point, the arbitrary seizure of land is against the law. The foreclosure on the land is as follows:
- The creditor draws up a statement of claim and receives a positive decision.
- Bailiffs are taking steps to search for property owned by the debtor.
- The land is seized.
- The object is sold through an open auction.
Judges do not always decide in favor of the plaintiff. This may be due, for example, to the case when the allotment of land is the sole property of the debtor. The relevant court decision is based on sufficient grounds for foreclosure on the land. As such, the debtor lacks money.
Filing a claim
You need to know about the availability of land and other real estate before filing a lawsuit, since the relevant information will be required to indicate the claim. In general, the following data should be displayed in the lawsuit:
- Information and contacts of the applicant and the defendant (the claimant and the debtor).
- Document's name.
- The name of the authority to be recovered.
- Amount of claim.
- A reference to the defendant’s default and the lack of sufficient funds to pay off the debt.
- An indication of the property with the exact location and cadastral number.
- Reporting the absence of structures on the site or the presence of construction in progress.
- Report on the impossibility of applying to the property of the debtor outside the court proceedings.
- Indication of specific provisions of the law.
- Statement of claim.
- List of documents attached to the claim.
- Date and signature with decryption.
The claim for foreclosure on the land has a strictly established form. If something is not taken into account, then the application is not considered by the court. However, the state fee is not refunded. Therefore, the preparation of the document must be approached very seriously. It is advisable to entrust this process to a specialist.
Documents
The main list of documents that are attached to the lawsuit includes the following:
- Copy of ID card.
- Extract from the Unified Register.
- A copy of the claim that was sent to the debtor, and a document proving the refusal to satisfy the claim.
- Receipt with state duty paid.
- An additional copy of the claim that the court will send to the defendant.
- Other documents.
In addition, it is recommended that even before the trial, petition to seize the land. This will avoid the sale of real estate by the debtor in order to conceal income.
National tax
The size of the state duty depends on different indicators. If the claim for foreclosure on the land does not indicate a requirement to pay off the principal amount of the debt, the application is property. In this case, the state duty is determined based on the amount of debt that the plaintiff plans to receive through the implementation of the allotment of land.
If the application is not of a property nature, then the amount of the fee will be:
- 200 rubles if you go to a court of general jurisdiction.
- 6 thousand rubles, if they apply to the arbitration court.
- 6 thousand rubles., If the plaintiff is a legal entity.
You can clarify the amount of the state fee by examining the provisions of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 10 of 2011.
Valuation of the claim
The value of real estate can be determined:
- Bailiff (preliminary).
- An expert appraiser.
- Court on the basis of available documents.
First, the bailiff issues his verdict, having discovered the appropriate allotment of land as a result of search measures. Then this work is done by the appraiser. The court takes into account both opinions in determining the price. If necessary, an independent specialist may be additionally invited to conduct an examination.
The owner of the land, in turn, has the right to challenge the price set by the court if, in his opinion, it is too low.
Prohibition cases
Even if the debtor does not have money, he will not be able to recover the land if he has no other real estate. This is only one of the reasons for which a prohibition of foreclosure is established. Details of what property cannot be seized and seized are specified in Art. 446 Code of Civil Procedure of the Russian Federation, as well as Art. 79 of Law No. 229-FZ. According to these provisions, recovery is not possible if the plot is:
- The only housing.
- The place where the only housing is located.
- Place of cattle breeding.
These rights guarantee the citizen normal living conditions, and also protect the dignity of the individual as the right of any citizen of the Russian Federation, guaranteed by the Constitution.
Where to file a claim
Depending on the price, as well as the status of the parties, a levy of collection is filed with different authorities. Jurisdiction is defined as follows:
- Justice of the peace, if a dispute has arisen between individuals and the cost is up to 50 thousand rubles.
- Arbitration court, if a dispute has arisen between organizations.
- The court of general jurisdiction, if a conflict arose between an individual and a legal entity, and the price of the claim exceeds 50 thousand rubles.
In Art. 28 Code of Civil Procedure of the Russian Federation indicated that the lawsuit is filed at the place of residence of the defendant. The court may also accept it at the location of the land in some cases.
Art. 30 Code of Civil Procedure of the Russian Federation, which indicates the rule on judicial hearings at the location of real estate, in this case is almost not used. This is because these claims do not apply to disputes or establishing the procedure for using the site. Therefore, you need to send documents to the place of residence of the debtor.
Arbitrage practice
As judicial practice shows, most often the courts refuse to foreclose on land in cases where they have buildings. However, if these structures are at the stage of construction in progress, the chances of a positive decision increase. This fact must be proved by relevant documents.
Unfinished construction objects include buildings that are not used for their intended purpose, as well as those not put into operation. In this case, allotments of land increase in price. At the same time, there are cases when the courts refused to satisfy such claims on the basis of Art. 446 Code of Civil Procedure of the Russian Federation. But these are separate cases, and judges when making a decision should be guided by different legal acts.
If there are buildings on the site, it is worth filing a separate penalty on it. Then there will be more chances to get a positive decision of the judge. However, the law does not oblige the applicant to do so. Nevertheless, a relevant judicial practice has developed, in which it is recommended to act in this way.
Depending on who owns the structure, the situation may develop as follows: alienation of a land plot is impossible without buildings if they belong to the same person. But implementation without a building is possible if the owner has granted the right of development to a third party. If on the site there are unauthorized buildings, then they are not taken into account, as they can be demolished by the will of the new owner.
Executive production
On the basis of a court decision on foreclosure on a land plot, enforcement proceedings shall be instituted within the time periods established by law. The bailiff must first enable the debtor to enforce the court decision on a voluntary basis. This is stated in Part 11 of Art. 30 of Law No. 229-FZ. Therefore, at this stage, it is advisable for the plaintiff to ensure that the bailiff sends the debtor a decision on enforcement proceedings.
Foreclosure cannot be applied to real estate right away. Before this, you need to find out if the person has other property. This is done by sending requests to government agencies and banks. After conducting the necessary verification, you can continue the enforcement activities.
Conclusion
It is important to understand that the foreclosure procedure on a land plot may take a long period until the receipt of money. Summarizing the main provisions of the article, we note the following aspects:
- Before you file a lawsuit, you need to find out about the availability of real estate owned by the debtor.
- When applying, jurisdiction should be examined.
- The claim is accompanied by the necessary documents. It is better to add the maximum number of them.
- Next, with the filing of the claim, you need to send a request for the seizure of real estate. But if the land is worth much more than the existing debt, the court will most likely refuse the application.
- After the court decision comes into force, it is worth monitoring the actions of the bailiffs so that all the necessary papers are collected and the necessary measures are taken.
- You have to prepare yourself mentally for the long process.