Lawsuit for Compensation Due to Foreclosure with Unfair Injunctive Relief
COMPENSATION LAWSUIT DUE TO WRONGFUL FORECLOSURE
If the creditor has wrongfully placed a precautionary lien on the debtor’s property and it is understood that the precautionary seizure is unfair at the end of the lawsuit or follow-up, the debtor must file a compensation claim against the creditor in the general court for compensation for the damage suffered due to the wrongful precautionary lien. The case for compensation is also heard in the court that imposed the precautionary seizure (m. 259/4).
The damage suffered by the debtor who won this compensation case is paid from the collateral that the creditor had to deposit when making the precautionary foreclosure decision, and if the collateral is insufficient, the money obtained as a result of the sale of the creditor’s other assets is confiscated.
The claim for compensation filed by the creditor against the debtor (since there is no provision of law) is subject to the statute of limitations of two years, in any case ten years, as in torts (TCO m. 72). In this case, the conditions of damage, illusory bond, illegality and execution of the precautionary foreclosure decision are sought; the creditor does not have to be defective. So the responsibility here is perfect responsibility.
The law also includes cases of private precautionary foreclosure:
In case of cancellation of savings: In the case of cancellation of savings, the court hearing the case may, at the request of the creditor, decide on the precautionary seizure of the goods subject to savings subject to cancellation (m. 281).
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