The foreclosure process is called the process of collecting the debt by opening the enforcement proceedings of the creditor if the debtor does not pay the debt. During the foreclosure process, the creditor himself or his lawyer will be with him.
The First Stage For Foreclosure
First of all, as is known, the creditor or the creditor’s representative who wants to initiate enforcement proceedings goes to the enforcement office and creates an enforcement proceeding. As a result of the enforcement proceeding, a notification is sent to the debtor, the follow-up is finalized depending on whether the debtor responds to this notification. We pass this part November without a case and details. Because the subject we are going to cover here is the foreclosure procedure and what needs to be done during the foreclosure.
Determination of the Address of the Person to be Foreclosed
It is important whether the address to be foreclosed belongs to the borrower or not. In this case, it can already happen in two ways. The debtor’s mernis address is being foreclosed or the existing address in the notification made to the debtor is being foreclosed.When the foreclosure is reached, it is checked whether the debtor has invoices.The serial numbers contained in these invoices are checked.
The address of the creditor’s attorney should be clearly stated in the foreclosure request. This aspect is important. No new address can be notified by Hazirun. However, this is eliminated in practice with an explanation in the form of “addresses to be shown by the applicant” written with a foreclosure request.
If the creditor’s attorney shows the debtor’s address other than the mernis address, it is important to investigate whether the address in question belongs to the debtor when the address is reached. In practice, when the borrower’s address is reached, the neighbors and the apartment manager are asked by the doorman whether the borrower lives there. In the event that no information can be obtained in this way, a document search is carried out at the debtor’s place. The document research should be carried out without violating the confidentiality of the debtor’s private life. This is important, a policeman is accompanied during the document search. The police are obliged to obey the orders of the bailiff.But unfortunately, in practice, the police, let alone the application of orders, even removing the police from the police station is a troublesome task.In case of overdoing it in the document search, the respect for the private life and confidentiality of the person placed in the TCK is violated.
Procedure at the Scene of Foreclosure
First of all, during the foreclosure, the bailiff transfers details about the entire execution process to the foreclosure minutes in his possession. The foreclosure record is the most important document for disputes that will arise later. What should be written in the foreclosure record and the issues that need to be considered are as follows :
1.The foreclosure record must include the foreclosure date, the beginning and end time of the foreclosure
2.What are the seized goods
3.Whether the seized goods have been delivered to the trustee or not, if they have been delivered to the trustee, how much the assessed fee is, as well as the amount of even the taxi fare is written in detail.
4 The debtor, the creditor at the place of foreclosure and the creditor’s attorney, if any, must print their statements in this foreclosure minutes.
5 If there is a precautionary lien, it is necessary that this issue is clearly stated in the lien minutes.
6, If there is necessarily a debtor in the foreclosure record, the name of the parents and the dates of birth, especially the TC numbers of the person who came for the guarantor and the fiduciary duty of the person who made the claim for rations, are necessarily transferred to the record.
7 The declarations of the person who does not express his/her identity information clearly are not taken as a basis, that is, they are not recorded in the minutes.
8.If there is a person who makes a claim for ration, the identity information of this person’s open address is necessarily recorded in the record.In addition, the statements of the creditors or debtor’s representatives who are present against this ration claim must be recorded in the minutes.
9.Paid interest Pay payable interest In case the borrower wants to make a debt payment commitment, the legal interest to be processed between the commitment date and the Dec payment date should be clearly stated in the payment commitment.
10.In addition, all receivables must be written separately and clearly.
11.If the creditor has renounced the interest, this should be noted separately in the minutes. If we review the mandatory elements that should be included in the minutes again in summary; in the event of a commitment being made at the foreclosure site, in the event of a claim for rations, and in the event of a guarantor, these issues should be noted at the top of the commitment.
What are the Goods That Cannot be Seized?
1.State property and publicly allocated property.
2 Items that support the body to work and are necessary for the borrower to continue his profession
3.The necessary items needed for the family to continue its life these items are refrigerator January finn washing machine dishwasher and similar items within the framework of the decisions of the Supreme Court.
4.If the farmer is a farmer, there are discrete cases, since this does not concern the subject of our article, we will not go into these details. As mentioned in other details, this is not the subject of our article.
How are the seized goods kept and where are they stored ?
In accordance with Article 88 of the Enforcement and Bankruptcy Code, matters such as money, bank notes, checks, promissory notes, policies are stored in the Enforcement Office.
At the same time, precious metals such as gold and silver are also stored in the Executive Office safe. If you are in the current region
if there is no resident Trustee, the goods, that is, the stone goods, are also used as a Trustee to a third person or bochlu
he can quit.If the creditor wishes, he will be able to leave the goods to the debtor as a trustee.It is owed on the dropped goods
if he performs any sale or hijacking of goods, such as misappropriation of goodwill about the debtor, the penalty is
his case will be filed.
Storing the seized goods and giving the trustee’s fee to the lawyer or the creditor himself in advance
he is obliged.If the creditor or the creditor’s attorney pays this fee as a trustee, the sum of the 6 monthly fee is
are obliged to pay.According to Article 81 of the enforcement and Bankruptcy Code, the door will be opened with a locksmith for the use of force
in case of this, a police consent is mandatory.
Which vehicles are used to go to the foreclosure site?
Care is taken to get out of the incident with the prosecutor’s office cars, but if there is no prosecutor’s car, it is used as a scheduled taxi.The scheduled taxi fare is determined in accordance with fairness and recorded in the minutes.
The Claim that the Goods Belong to Someone Else at the Scene of Foreclosure (Ration Claim)
In this case, it is available in 3 ways, the first of which is that the goods may be in the hands of the borrower.If someone else is found about the ration for the goods in the hands of the debtor, the corrupt one is immediately put on record. Secondly, the goods may be in the hands of the debtor and the third person at the same time, that is, together. In this case, the goods are considered to be in the hands of the borrower.In this case, if the third person accepts the trusteeship, the goods will be left as Trusteeship to three people.
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