Arrest on a mortgage account. Can a mortgage account be frozen? Imposition and removal of arrest on funds

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

Can a mortgage account be frozen?

Under the "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 by a credit institution or a bank. In the event that a citizen has not repaid existing mortgage debts, then in this case his property may be seized.

Arrest of property: what bailiffs can and cannot take away

Delays in payments and large debts on loans or utility bills can lead to the fact that sooner or later the bank will sue the debtor. If, after litigation, a person does not repay his debt voluntarily or does not agree with a banking organization on debt restructuring, the judge will issue an order to seize the debtor's property, and the case will be transferred to bailiffs. First, they will call or write letters to the person who owes money to the bank. If the debtor does not make contact, the bailiffs will come to his home to seize valuables to pay off the debt. People who have suffered such an unpleasant fate usually try to find information about what property is not subject to arrest by bailiffs, how to avoid confiscation of certain things and what to do if the seizure has already occurred.

What can a bailiff take for debts

• amounts received as compensation for harm caused to health;
• funds received in connection with the loss of a breadwinner;
• funds received in connection with injuries, injuries, injuries acquired during the performance of official duties;
• compensation payments to victims of man-made disasters;
• compensation payments for travel, treatment for certain categories of citizens;
• compensation payments to employees, incl. in connection with the birth of children, marriage, etc.
• child allowances;
• maternity certificate payments;

What can bailiffs take for credit debts

The bailiff arrives accompanied by a representative of the bank and 1-2 employees. On the spot, a representative of the executive branch inspects the property located in the apartment and makes an inventory of valuable things that belong to the borrower and are not on the list of prohibited items for seizure.

Blog and practice

Imagine how many banking organizations exist in one region of the Russian Federation, it was problematic to send a request to each of them. The innovation greatly simplified the work of the performers. To send requests to banking organizations, the contractor just needs to press a couple of melts on the keyboard. Inquiries are answered within a few days. In their work they use a software package (database).

Do bailiffs have the right to withdraw money from a mortgage card?

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 ;

Whether bailiffs are obliged or not to return withdrawn mortgage money

tell me how to deal with prefixes? came to describe my property in the place of the property of a civil husband. interested persons (plaintiff) were understood by her, I you spent them because my property and the civil husband is not even registered there. /O. Do they even have the right to fine me in this situation? further, the plaintiff, who is also a witness, when I put them out of the door shouted out the phrase they say you will pay a fine and we will come to you for money (the bailiffs were silent) a threat? further, for some reason, they talked to me about debts and not to the debtor, as if I owed them to them. this is extortion for me. upon arrival, she asked to call the district police officer, they refused, saying that we already have the right, I also have the right to demand the presence of the district police officer. what to do? help find bailiffs

The rights of debtors: be ready for the bailiff's visit

The “sick” issue of the bailiffs visiting the house is solved as follows. According to Article 12 of the Law "On Bailiffs", the bailiff has the right to "enter the premises occupied by debtors or belonging to them, inspect these premises and ... if necessary, open them." In other words, the law allows the bailiff to break the door if the debtor refuses to open it. And also the bailiff can visit and “open” the housing in the absence of the debtor.

Can they take away an apartment or other property to pay off debts on a loan

• Household items - shoes, clothes, food, etc., excluding jewelry, jewelry and luxury items.
• Property you need to carry out your professional activities. For example, they cannot take away a car from taxi drivers, their instruments from musicians, etc.
• A dwelling, if for you and your family members living with you in this accommodation, it is the only place suitable for permanent residence.

Features of the return of money illegally withdrawn by the bailiff

In the event that the amount was nevertheless written off, you should find out how to return the illegally transferred money from the bailiffs. There are a number of payments that the court has no right to withdraw. Their list is specified in Article 101 of the Federal Law N 229-FZ "On Enforcement Proceedings". If the money in your account was credited in the form of these payments, you can safely draw up an application for their return.

Write off cannot be appealed: what and how much bailiffs can take from the account

According to Buldakova, in this case, the bailiffs themselves are obliged to return the overly debited funds automatically (the entire unclaimed balance is stored on the account of the FSSP unit), but this most often does not happen due to bureaucratic delays. Then the person should apply to the bailiffs with an application for the return of excessively debited funds, attaching bank statements to it. This process will take up to six months.

L.J. Magazine

There is another way to "outsmart everyone" - urgently re-register your apartments, cars, take away money and other valuables - as a result, there is nothing to collect and the writ of execution is returned without execution. Usually unscrupulous debtors start doing this as soon as the court smells. Sometimes, with the slow work of the court and bailiffs, a person even manages to transfer property after a court decision has been made. “However, the law provides for the possibility of combating this,” notes Savicheva. “At the request of the interested party or on its own initiative, the court, even before the start of the trial, can describe the property of the debtor and seize it to secure the claim.”

What specific property is not subject to arrest by Russian bailiffs

• simple home environment. Refrigerator and stove in the kitchen will not be touched. The washing machine will be left if the family has small children. A computer can only be defended by a professional programmer, designer, accountant. Bailiffs have the right to take away all the furniture. The old one is usually left. The FSSP has the right to take away all small household appliances, dishes, except for the very minimum;
• personal items.

How they take an apartment for debts or late payments for a mortgage

The court first of all establishes whether the person really owes money, how true the claims of creditors on the amount of debt are. After that, he forms a list of what can be collected if the debtor is unable to pay in cash. Such a list is called a writ of execution. The sheet is transferred directly to the creditor and he must transfer it to the bailiff service within three years, who will already communicate directly with the debtor. The seized property is sold at auction, and the information is published on the website of the Federal Bailiff Service. Most often, an apartment taken on a mortgage is taken away for debts, since it is a pledge.

Perhaps one of the most serious issues in the practice of enforcement proceedings is the question: Can bailiffs arrest 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” is usually understood as a specialized account created at a bank for repaying an existing mortgage.

Under the "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 by a credit institution or a bank. In the event that a citizen has not repaid existing mortgage debts, then in this case his property may be seized.

Can bailiffs seize a mortgage account, what laws regulate this?

Practice and legislation (civil code and 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 seize a mortgage account, it should be borne in mind that the laws do not prohibit this procedure.

Why freezing a mortgage account is not a good idea?

It's no secret that people are "pulling" mortgage payments until the last day. Therefore, citizens sometimes have a certain surprise: the money was transferred to the current account, the mortgage payment had to go through, and the bank says about the debt.

It is worth remembering that mortgage debt is a rather dangerous thing. If it is not possible to agree with the bank, and the delay in payments becomes regular, then your property may be seized.

On April 27, 2015, citizen A. had a mortgage payment deadline. He deposited 12 thousand rubles into the account (which, as he believed, would be able to pay off the payment in the specified month). On April 29, 2015, the bank informed citizen A. that he had not paid the required amount to repay the mortgage. After checking the available documents, citizen A. discovered a debt. Citizen A. was forced to turn to a lawyer with a question: can bailiffs seize a mortgage? The lawyer replied: yes, they can.

What to do in this difficult life situation? 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 an existing mortgage through a bank branch (making payments in cash), or transfer money from a relative’s account

What to do if the account was arrested illegally?

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.

Thus, summing up some results of the work, it is possible to answer in the affirmative the question of whether bailiffs can arrest a mortgage account.

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

What does account freeze mean?

According to Article 81 of the Federal Law "On Enforcement Proceedings", FSSP employees have the right to seize only the funds in the bank account. They do not have the right to completely restrict access to the account. In other words, in the event of an arrest, you lose the ability to withdraw money from a credit account / card. There are no restrictions on replenishment.

Important! The complete blocking of access to a bank account, which arose as a result of the actions of bailiffs, is a violation of the law. In this case, you have the right to file a counterclaim with the court.

Which account is arrested

Upon receipt of a notice of the arrest of bank accounts, first of all, it is worthwhile to figure out which of them has been arrested. As a rule, financial institutions when issuing loans act as follows:

• open a current account for the client, to which he monthly makes a mandatory payment;
• in pair with the settlement account, a loan account is opened, where, in accordance with the payment schedule, funds are transferred from the settlement account.

The loan account does not belong to the client, but directly to the organization lending to him. Therefore, 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 to arrest him.

Important! This scheme is valid only for consumer and mortgage loans.

Credit card holders have a slightly different relationship with the bank. For them, as a rule, only a loan account is opened. But the subtlety is that the funds on it, according to the law, do not belong to the client, but to the banking organization. Thus, the FSSP is not entitled to arrest them. However, the bank itself may restrict the debtor's access to money on a credit card, both by decision of the bailiffs, and on its own initiative.

Arrest amount

Having received a notice of the arrest of accounts, first of all find out which of the described schemes you work with the bank. This will determine the next steps.

Advice: contact your bank branch directly for advice. Together with employees you will be able to find a solution that is convenient for everyone.

Consumer loan repayment options

In the event of an arrest of a current account, you can agree with the bank on making 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 with other banks;
• from a new checking account.

Yes, you can issue a new account and link a loan account to it to pay loans. It would be most reasonable to appoint a third party as the owner of the new account - someone from relatives or friends. In this case, there is no risk that the bailiffs will seize him as well. To ensure the regularity of payments, create a special bank order that makes it possible to automatically transfer funds to the debtor's account.

Paying off credit card debt

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

• through ATMs;
• through the cash desk of the bank;
• through wire transfers.

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

Tip: in addition to the certificate, take the card issuance agreement with you. It describes in detail the procedure for using credit funds and their ownership.

Possible benefits for debt repayment

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

Important! After the installment plan is issued, the FSSP employees are not entitled to apply any enforcement measures to the debtor. This is stipulated in Part 2 of Article 37 of the Federal Law "On Enforcement Proceedings".

To get an installment plan, you must contact the bailiff in charge of your case directly and write an appropriate application from him. It is best to do this immediately after receiving the writ of execution, or at least within five days. Otherwise, you will be deemed to be evading your debt repayment obligations and you may be charged an enforcement fee in addition to the principal debt.

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

• income statements;
• 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 written statements from witnesses confirming your financial situation.

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

This article will not be written in the usual format. Here I will present my own experience and tell you how I encountered arrest of my mortgage account in Sberbank. A little background - in 2012 I had an IP, for which not a single transaction and in general any activity 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. When making a deal, a savings deposit was opened for me (Sberbank comes in different ways to open a loan account, in my case this one was more suitable), to which I began to pay, from time to time trying to repay the loan in advance in small amounts. In the middle of the current month, I deposited 38,000 rubles in Sberbank for early repayment, leaving part of the amount in the account for the planned writing of interest. A few days later, I decided to check whether the funds had been written off (apparently, providence helped) and came to Sberbank. The cashier, to my and her surprise, said that the funds had not been written off (which, by the way, Sberbank did not notify me, while not forgetting to send SMS with an offer to take a consumer loan). The reason turned out to be banal - bailiffs seized my mortgage account at Sberbank.

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). Before debiting funds, the Sberbank software product checks the availability of the required amount on 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. 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. In doing so, I noted to myself that 28,000 of the total amount that 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 some 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..".

What to do to remove the arrest of the current account

After that, I did what I recommend doing immediately faced with the arrest of your account with 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.

For those citizens whose account was arrested, for which they receive, for example, alimony, lawyers recommend applying to bailiffs with a statement about the origin of funds and attaching the necessary documents confirming that the account was opened specifically for these purposes. From my own experience, I recommend communicating with the bailiffs and agreeing on the removal of the arrest on conditions that will suit both parties. With my debt of 60,000, the roots of which go back to 2012, I agreed on a monthly repayment in the amount of at least 1,500 rubles (more if possible).

An interesting note - with a large debt, it is recommended to close even the debit cards that you have, since in this case the funds can be debited in favor of bailiffs even from them, despite the fact that the balance on such cards cannot be negative.

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 the enforcement of 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 persons specified in the writ of execution.

Mortgage bank accounts

They are opened to citizens at the time they receive a bank loan. These are ordinary bank accounts of individuals. From them, the bank monthly withdraws certain amounts 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 bailiffs as they are received to pay off obligations to another creditor. This system applies to all banks, and Sberbank is no exception.

Mortgage payment with a frozen 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 obtained from Sberbank, which does not work with cash, you can get a sample payment order from him, according to which you can make payments directly to the bank without using your account or card. But if, under such a scheme, the money will go to the correspondent account of the bank in the name of the debtor, then such funds can also be arrested. It is possible to pay through the accounts of the guarantor under a mortgage agreement. To do this, the bank changes the provisions regarding payment in the loan agreement. Instead of the borrower, the funds will be debited from the accounts of the guarantor.

Arrest of a mortgage apartment

These things happen. They can be considered as illegal actions on the part of bailiffs under one condition. If the creditor, in whose favor the recovery is carried out with the help of the bailiff service, does not have any advantages over the real estate mortgage bank. At present, the issue of priority between the mortgage creditor 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 seized.

But if the arrest took place, then it will be possible to remove it, either by paying off the debt, or by going to court with a lawsuit on the unlawfulness of the actions of the bailiff.

The arrest of the apartment is carried out by entering the data of enforcement proceedings into the registration documents for real estate. No description is required for this. Documents are drawn up through Rosreestr, after which the dwelling is under a double burden.

In such a situation, the bank may demand from its debtor early fulfillment of obligations to repay the loan. 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 repaid from the property of the debtor.

criminal justice

If debt obligations, although they arose from the criminal process, but 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 the case when the property was obtained fraudulently, its possession is illegal, and the illegal owner transferred it to the bank as a mortgage, then here, the arrest may be lawful, regardless of other circumstances of the case.