It is the debtor's only residence. Why can they take away the only housing from the debtor? The only house in the payment of debts on the loan

20.02.2022

Debtors may lose their only home - the corresponding amendments to the Civil Procedure Code were prepared by the Ministry of Justice. According to the existing norms, which are fixed in Article 446 of the Code of Civil Procedure, debtors cannot be deprived of housing if it is the only one for them (the only exception is apartments bought with a mortgage).

The Ministry of Justice proposes to amend Article 446, according to which citizens burdened with debts will be able to keep housing only if its size “does not exceed twice the norm for providing living space ... for a debtor citizen and members of his family living together in the specified residential premises, and the cost is less than twice the cost of residential premises ... calculated taking into account the average specific indicator of the cadastral value of real estate for a cadastral quarter on the territory of a constituent entity of the Russian Federation.

Thus, if housing is twice as large as the established norm, and there is no other property that can be foreclosed on, then by decision of the court, the apartment can be sold under the hammer.

Part of the proceeds will be spent on the purchase of standard housing, and the surplus will be used to cover the debt. Housing standards each region determines independently. Say, in Moscow it is 18 square meters. m per person, in some regions - 15 sq. m. Thus, if two people, for example, live in an apartment of 32 square meters. m, then they are not threatened with eviction.

The authors of the bill believe that it, in particular, will ensure the protection of the rights of minor children. The measures proposed in the document, according to its drafters, will make it possible to more effectively deal with non-payment of alimony, as well as provide minors with housing in the event of a divorce of their parents.

“The Russian Constitution guarantees everyone the right to housing. But there is no obligation to “pay your debts”, except for taxes,” the former children’s ombudsman Pavel Astakhov tweeted. According to him, the bill is very controversial, as it can turn those "who already have no money" into homeless people. In turn, the director of the Federal Bailiff Service (FSSP), Artur Parfenchikov, considered that the bill did not violate the constitutional right of citizens to housing.

“The proposed bill provides for a guarantee for housing when foreclosure, but within the established standards,” he wrote on Twitter.

This is not the first attempt to deprive the debtors of the only housing. Back in 2012, State Duma deputy Galina Khovanskaya introduced similar amendments to Article 446 of the Code of Civil Procedure. Then the amendments were not adopted. It is worth noting that both bills refer to the same decision of the Constitutional Court of the Russian Federation dated May 14, 2012 No. 11-P “On the case of checking the constitutionality of the provision of paragraph two of part one of Article 446 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens F.H. Gumerova and Yu.A. Shikunov.

As follows from the materials of this case, Fania Gumerova, a resident of Ufa, lent more than 3 million rubles to an acquaintance. for the construction of a 300 sq. m. The courts of various instances in Bashkiria ordered the borrower to pay monthly to the lender about 2 thousand rubles. from your pension. At the same time, the debtor owns a residential building worth about 10 million rubles.

Gumerova reached the Constitutional Court, which ultimately ruled in favor of the plaintiff and ordered the parliament to limit property immunity and amend the legislation. As noted in the court decision, the extension of property immunity to residential premises unreasonably and disproportionately restricts the rights of the creditor. At the same time, the court must establish that housing exceeds the standards specified by law, and the debtor's income is disproportionate to his obligations. The State Duma was supposed to establish the limits of property immunity by court decision, which was soon done, but the legislative initiative was postponed for more than four years.

In 2013, the Ministry of Regional Development published draft amendments to the Housing and Civil Codes, which proposed a simplified procedure for collecting real estate in case of debt for housing and communal services. According to the project, housing was offered to be put up for auction if the amount of debt for utilities is 5% of the market value of the apartment. The author of this proposal was NP "Housing and Public Utilities Development" headed by Andrei Chibis, who currently holds the post of chief housing inspector of the country. After the proposal provoked an angry reaction from many experts, the ministry itself (abolished in 2014) then came out with an explanation that it did not support this idea.

Any obligations are subject to timely execution. For evading payment of the debt, the defaulter is involved in legal proceedings, the result of which will be the delivery of a writ of execution to the creditor. The enforcement procedure through the bailiff service provides for the direction of the defendant's finances and property to pay off the debt. In this connection, it is extremely important to know whether bailiffs can take away the only housing from an individual for debts on loans.

The only house in the payment of debts on the loan

The procedure for collecting debts by bailiffs (JV) at the expense of the property and capital of the borrower is regulated by Chapter 8 of the Federal Law No. 229 of 02.10.2007. An individual applying for a car loan or loan undertakes to fulfill the obligation to the creditor within the prescribed period. Persons who act as guarantors for loans are also at risk. Any violation of the terms of the contract is fraught with consequences, the debtor may lose property, which will become impossible to return.

If we talk about consumer loans, then banks rarely achieve the collection of the house with the subsequent sale in payment of the debt. This policy of financial institutions has several reasons:

  1. The debtor's housing may be used to pay off the debt solely on the basis of a court decision. Often the amount of borrowed funds does not exceed 100-300 thousand rubles. When compared with the market value of the apartment, such a debt is considered insignificant and, most likely, the judge will not satisfy the petition.
  2. The procedure for the arrest, evaluation and sale of housing at auction takes a long time, so such activities are inappropriate to cover small debts.
  3. The home of the defaulter may be encumbered, so the appeal may be significantly complicated, the amount received will not be enough to satisfy direct claims and compensate for the costs of organizing the procedure.
  4. Lenders rarely apply for the sale of the defendant's housing if other citizens, vulnerable persons (children, students, disabled people, pensioners, etc.) live and are registered in this territory.

Collection services, collection departments of the bank deliberately exert psychological pressure on the debtor by sending written notices threatening to withdraw the house for payment of the debt. Such methods are designed for the panic of citizens when the borrower takes any possible measures to meet the requirements.

The current legislation imposes a ban on the collection of the only housing of the debtor to pay off debt on loans

It is possible to completely deprive an individual of shelter only in an exceptional case, when the property was provided to the bank against the security of obligations or purchased from the plaintiff against a mortgage.

Resolution of the Supreme Court of the Russian Federation No. 50 dated 11/15/2015 gave bailiffs the authority to impose restrictions on the debtor's only apartment. Arrest implies the deprivation of the right to register actions in relation to housing and does not allow an individual to dispose of property in full lawful measure. The borrower will not be able to register other citizens in the specified territory, conclude a contract of sale, transfer housing on bail, a gift.

Recent changes in the Law

In 2017, a draft amendment to the Code of Civil Procedure of the Russian Federation was submitted for consideration and public discussion, allowing the removal of an apartment from a debtor in payment of debts, despite the fact that it is his only property. If the project is approved in 2018, then the situation regarding whether banks can take away the only housing from an individual for debts under the new law will change. The non-payer will be able to recover a part of the living space that exceeds the minimum size per person in accordance with regional legislation.

The proposed changes set certain restrictions:

  • Housing that exceeds the norm per tenant twice is not subject to withdrawal.
  • The innovation applies only to specific categories of non-payers, namely: alimony, citizens who have caused moral and material harm to others, criminals whose actions caused the death of a person. Commitments on credits and loans are not stipulated by the draft law.
  • It is forbidden to sell your own house if the amount of claims is insignificant in relation to its value. For example, if an individual has a tax debt of 5-7% of the market price of an apartment, they will not be able to take it away. The situation when the defendant is to be returned the money amounting to more than half of the proceeds will also not be considered by the court.

The situations are similar regarding whether bailiffs can take away a share in an apartment for debts of an individual on loans. Foreclosure on shared property is carried out according to a principle similar to that described above. If part of the house is not the only property of the debtor, it can be taken away and sold as a percentage of the share. The defendant can suspend the procedure for the execution of a court decision by initiating bankruptcy.

New amendments to the law may allow, in some cases, to seize the only housing in payment of debts

Powers to seize an apartment

Arrest of housing - the imposition by an authorized body of a ban on the legal rights of citizens to dispose of property. In this case, the owner will not lose the object, but will not be able to register a roommate, donate an apartment, sell it, transfer it on bail or lease it. The powers to impose restrictions are vested in the court and bailiffs.

The judge will order the arrest of the apartment if the actions of the debtor contain intent and intention to get rid of the property in order to avoid paying debts. The claimant has the right to initiate the application of interim measures. The course of the judicial procedure does not prevent the creditor from filing a motion with the judge. The application will be considered and satisfied with the indication of strong arguments.

For example, the plaintiff has information that the defendant intends to sell the house in the near future or to alienate it to other persons under a gift agreement. The court may regard such actions of the debtor as evasion from the performance of obligations.

The application of the creditor is considered by the court on the day of registration. A positive decision is expressed by issuing a ruling, issuing a writ of execution (i/l). The debtor will receive a notification. Simultaneously with the issuance of documents in the hands of the plaintiff, the state registration services are informed. The applicant with and / l can independently apply to the bailiff, who implements the court decision.

The joint venture may seize the debtor's housing for two reasons:

  • I / l issued by the court to secure the claim;
  • By executive production.

An individual applies to the FSSP with an application in the prescribed form, and / l. The document is accepted for processing, within three days the plaintiff is provided with information on the initiation and/or refusal. If the claimant indicated registration information about the debtor's property in the document, the arrest is imposed immediately. When there is no information about the apartment, the contractor sends a request to Rosreestr and only after receiving the information arrests it.

If the SSP is in the process of collecting debts from a citizen, at the initiative of the service, an arrest can be made on the premises. During the working day, the JV notifies the defendant and the recoverer of the application of measures, no later than three days sends the decision to the FRS. Rosreestr registers the arrest of housing on the day of receipt of the document from the bailiff, informs the owner of the encumbrance.

The arrest of an apartment is a lawful action in the process of collecting debts

When SSP takes home

The most dangerous consequence for the debtor is the physical arrest of housing, expressed in the preparation of a protocol with the participation of witnesses, sealing the premises. Further, the apartment will be transferred for evaluation and implementation. Article 446 of the Code of Civil Procedure of the Russian Federation provides for exceptions for property for seizure:

  1. Such enforcement actions are taken on debts associated with mortgage lending, when housing is the object of collateral. In this case, a court decision is not required, the lender will take it on the basis of the contract. The initial foreclosure procedure is the arrest of the apartment. At the same time, the amount of debt must be at least 5% of the market price for living space, and the violation of the deadline for fulfilling obligations exceeds a quarter.

In practice, credit institutions do not initiate an instant seizure of housing immediately after fixing the delay in payments, the debtor is given time to find, borrow money or negotiate with the creditor.

  1. All real estate objects of the alimony, including the apartment, are subject to arrest and confiscation in case of malicious default. The procedure is carried out by the bailiff in accordance with the law. At the same time, the joint venture preliminary analyzes the comparability of the amount of debt and the cost of housing.

For example, citizen Stepanov accumulated a debt of alimony in the amount of 800 thousand rubles over 10 years. The market price of his apartment is about 1 million rubles. Then the SSP will impose a restriction on the right to dispose of property. If the defaulter has several residential premises, they will be levied.

  1. Debt on utility bills to housing and communal services may become the basis for the application of interim measures in relation to the debtor. An apartment can be arrested if the amount of the debt approaches its value. A non-payer may be expelled by a court decision from non-privatized housing for violating the procedure for its use, expressed in non-payment of a communal apartment. The apartment will then be transferred to the disposal of the municipality.

Housing can be seized for debts if it is collateral

At the same time, when determining whether a citizen can be evicted from a privatized apartment for large rent debts, it can be said with certainty that no. Today, such actions are illegal.

The specifics of the arrest

The procedure for imposing restrictions on the defendant's housing consists of the following steps:

  • Drawing up an inventory, arrest.
  • Involvement of an accredited specialist for the assessment of objects.
  • Direction of housing for sale through tenders.
  • Direct sale.

When, due to insurmountable circumstances, the bailiff cannot sell the dwelling, the creditor is offered to pay off the debt by transferring the ownership of the debtor's apartment to him. The offset is made taking into account the decrease in the estimated value of the object by a quarter. If the creditor refuses the property, it is returned to the defendant.

The rights of children in the arrest of housing

Enforcement of a residential area where a minor child is registered is possible only with the permission of the state guardianship and guardianship authorities. As part of the trial, the civil service assesses the situation, the possibility of providing the child with housing in the future and makes a decision. Guardianship assesses the living conditions of orphans especially meticulously. If the service allows the sale, the court issues a ruling on the seizure and subsequent sale, and the bailiffs begin to enforce the decision.

The decision of guardianship representatives may be affected by confirmation of the availability of other housing for the minor or the provision of a donation for an apartment or house in the name of the child. The property bought with maternity capital belongs equally to the parents and the child. It will be very difficult to sell such housing.

After the arrest of housing, it is put up for auction

Realization of the debtor's property

The procedure for putting up residential premises for auction is determined by Chapter 9 of the Federal Law No. 229, bailiffs use the services of electronic platforms. The objects are transferred to a specialized organization for sale with a full set of title documents, arrest warrants, court decisions. At the time of the auction, the debtor can live in the apartment.

The auction is carried out within two months in the manner prescribed by the Civil Code of the Russian Federation, other regulatory legal acts. Information about the event is subject to publication in official sources on the Internet free of charge.

If the first auction did not take place, the organizer appoints a secondary event no later than one month. When the repeated procedure fails, the seller sends the claimant an offer to accept the property against the debt.

Anyone can buy real estate at auction. The sale is made in favor of the participant who offered the highest price. After the sale of housing, the debtor will have to move out and vacate the area within fourteen days, so it is recommended that individuals take care in advance about where they will move after the auction.

The current legislation of the Russian Federation protects debtors from the loss of their only home, but do not forget about exceptional situations, such as mortgages. Eviction of citizens from a privatized apartment due to non-payment of utility bills is impossible. Minors can become an obstacle for creditors when foreclosing on living space where children are registered and live. It is important to know that the debtor has the right to challenge the actions of the court, the bailiffs, the recoverer in a legal manner.

A wide range of citizens are now interested in whether they can take away the only housing for debts - this socially significant issue has been actively discussed among the general population throughout the current year. This is due to the development of a new draft law of the Ministry of Justice of the Russian Federation, according to which, having debts on loans and housing and communal services, they can still take away housing, but taking into account certain features. Note that this law has not yet been adopted and most likely this action will not occur in 2017, but let's talk about everything in order.

Normative base

To date, the legislation of Russia, represented by the Code of Civil Procedure, provides for a ban on the sale of the only housing of the debtor, if it is not in a mortgage. It is also permissible to take away the site on which the only housing is located. Often there are cases when wealthy debtors, having accumulated large debts, sell their property, and leave the most expensive and valuable housing, where they subsequently register and remain, so to speak, insured in the current situation.

The Constitutional Court of the Russian Federation has considered many similar cases and complaints from creditors, recoverers and debtors themselves. This led to new proposals changing the legislation.

The “Ministry of Justice” bill appeared at the end of 2016. Russian media literally filled with new information. Specifically, it was proposed to amend the code of civil procedure of the Russian Federation (Article 446), the RF IC and the law “On Enforcement Proceedings” that apply to the only housing.

The essence of the amendments is that the only housing will indeed be taken away for debts, but no one will leave the debtor without a roof. According to innovations that have not yet been adopted, housing is sold if:

  • The area of ​​an apartment/house exceeds the state-established norm for providing space for each registered person (18 sq. m.) by 2 times. At the same time, the residual area should be at least 16 square meters. m per person. So, the premises are sold, and the debtor is allocated part of the money to buy a more modest property.
  • If the cost of housing on the market exceeds the average market value of similar housing in terms of area in the region by more than 2 times.
  • Debts are personal in nature, for example: moral damage, alimony, harm to the health of another person, etc.

Debts to MFIs

Can I be deprived of housing for debts to MFIs? We note right away that it doesn’t matter which body you owe: a bank, an MFI, a collection agency, etc. Only a bailiff has the right to arrest and sell your home by a court decision.

It turns out that if a microfinance company sues you as a result of your unpaid debts on microloans, then there is still a chance of losing your own property. At the same time, it should be understood that, unlike mortgages, loans in MFIs are unsecured, so real estate in this case, by a court decision, does not fall under the sale in the first place, and even more so the only housing.

Initially, all bank accounts, movable property, valuables, etc. are arrested, but if we consider practice, then microfinancers rarely bring the matter to court proceedings. This process is quite troublesome and costly, and given that interest rates in MFIs are relatively high, the profit received from conscientious payers covers possible problems with debtors. After some time, financial companies simply write off such debts by the statute of limitations or sell them to collectors.

Mortgage debt

Can they take away the only housing for mortgage loans? As for microloans, it’s understandable, then the question arises, do they have the right to take the only apartment for mortgage debts? Here the situation is more critical. If the unpaid debt is secured by real estate purchased on credit, then the bank can indeed take the only housing on the basis of Part 1 of Art. 446 Code of Civil Procedure of the Russian Federation. Before concluding an agreement with a bank, you should carefully study the terms of the loan agreement, where this item is spelled out in detail.

In addition, during the period of the mortgage, you do not have the right to sell or “remortgage” the property purchased on credit - it does not belong to you. Note that the fact of a pledge must be registered in the USRR, which is usually practiced when concluding a mortgage agreement.

Also, real estate pledge agreements, land plots, etc. objects undergo state registration in Rosreestr. If this action was not performed, and the loan was issued, then no one will be able to take the property as a result.

Often, when considering a case, the court takes into account certain factors and mitigates liability for a person who is on the verge of being evicted from "mortgage" housing. For example, if:

  1. The amount of the total debt is less than 5% of the value of the property, and the delay period is less than 3 months.
  2. The financial situation of the borrower has seriously deteriorated due to job loss, illness, accident, fall in wages, etc. reasons.

The latter case can be resolved in favor of the debtor with a timely appeal to the bank by restructuring the debt, providing the creditor with a "loan vacation" or changing the payment schedule.

Shared distribution of housing

When the debtor lives alone in a single apartment, the bailiffs have no problems when seizing property from him, but in most cases the case concerns all family members. After all, depriving the debtor of an apartment, you can leave his minor child without a roof over his head. Can bailiffs take away the only housing in such a situation? Let's look at a few cases and possible solutions to the issue:

Situation Actions of bailiffs
The debtor has several premises in common shared ownership Only a share in one apartment of the debtor is arrested according to a court order. The court allocates a specific area belonging to the borrower. The arrest takes place after drawing up an act and a resolution on the sale of real estate
If a child lives in the apartment/house If a minor is registered on the territory of the debtor's only housing - a child, then the sale of property is possible only with the consent of the guardianship authority (an official document is needed). The court decides on the recovery of the apartment by inviting a representative of the guardianship authority to a meeting

In Art. 292 of the Civil Code of the Russian Federation states that from the day when the property becomes the property of another person, then all family members of the previous owner are forced to leave the apartment, having lost all rights to it.

Actions of the debtor when trying to take the apartment

In order not to lose your apartment, use the following recommendations:

  • Contact a qualified lawyer. The specialist will study all the documents you have and provide competent advice based on the individual characteristics of your case.
  • To the last, prove that you are really ready to fulfill your obligations to the bank. Today, your financial situation has worsened (the reasons should be documented), so you will not return the money immediately. If you have the necessary evidence, the court, in the person of the law, will meet you halfway, they will not take your only home from you.
  • The incommensurability of the price of an apartment with the existing debt, as noted above, is not a reason to take away the only housing from the debtor, even if it is mortgaged.

Summary

Summing up, it should be noted that seizing an apartment, evicting tenants from it, and then selling the only property of the debtor are quite rare cases for Russia. In many regions of the country, there are not even cases for the sale of property based on the information on the FSSP website in the context of the constituent entities of the Russian Federation.

The legislation of our state allows you to resolve multiple disputes, issues related to debts on loans, microloans, alimony, housing and communal services, taxes, etc. There is no need to run and hide from creditors and other authorized bodies. So, sometimes people go to the trick, not opening the door to the bailiffs in order to avoid them drawing up an inventory act, seizing, transferring the document to the debtor for storage, and these formalities are mandatory for sending an apartment for sale. It should also not be forgotten that Art. 64 of the Federal Law No. 229, bailiffs are allowed to enter the debtor's housing without the consent of him and other tenants of the apartment.

Delaying the case on the part of debtors is a common occurrence, but remember that sooner or later you will have to answer for your actions and, possibly, at a very high price.

The status of an individual entrepreneur is one of the most mysterious phenomena in Russian legislation. Riddles begin with part 1 of article 23 of the Civil Code of the Russian Federation, which determines the status of an individual entrepreneur as an individual, with the exception of cases provided for by part 2 of the same article. However, Part 2 was no longer valid in 2013, and Part 1 was never amended.

It remains to be assumed that any individual entrepreneur is an exclusively natural person. But part 2, which has become invalid, left its mark on part 3 of article 23 of the Civil Code of the Russian Federation, which provides that the rules governing the activities of a legal entity apply to the activities of an individual entrepreneur. That is, IP is already referred to Article 56 of the Civil Code of the Russian Federation, which states that a legal entity is liable for debts with all its property.

Who are you really?

If we put aside the gaps in legislation, then we can draw an everyday conclusion: the status of an individual entrepreneur will be one that is beneficial to regulatory, tax and law enforcement agencies in a certain period of time. When a fine is imposed on an individual entrepreneur based on the requirements of the law for an LLC, an individual entrepreneur is, of course, regarded as a legal entity. However, in the event of foreclosure on debts on the personal property of the IP, the status passes to the category of an individual. While the founders of an LLC pay off their debts only with the assets and liabilities of the LLC itself, the individual entrepreneur is left without a car, TV and laptop, and in some cases without an apartment.

What property of an individual entrepreneur can be foreclosed on debts

The procedure for the seizure and types of the debtor's property subject to circulation as debt repayment are regulated by Article 69 of the Civil Code of the Russian Federation. The list of property includes:

  1. Cash in any currency.
  2. Other property, the seizure of which does not contradict the current legislation.
  3. Housing that is pledged under loan or credit agreements.

Can they take away the only housing?

The right of creditors to foreclose on housing is still legally limited. So, the debtor cannot be deprived of property in the form of:

  • single dwelling;
  • the land on which the house is located;
  • labor tools necessary for the debtor's professional activities;
  • wearable things;
  • pets and livestock;
  • food;
  • fuel needed to heat housing;
  • a vehicle owned by a disabled debtor.

The exception is cases when any of the listed types of property was registered as collateral at the conclusion of a loan or credit agreement.

At the same time, it does not matter for what needs the individual entrepreneur received a loan - industrial or personal. In any case, he takes a loan as an individual.

Can the only home be seized?

Usually people are confused in terms of arrest and foreclosure, although these are completely different legal phenomena. Arrest is a restrictive measure in which the homeowner loses the right to dispose of property, that is, his rights are limited. The meaning of this measure is to create the most difficult conditions for the debtor, under which he will take strenuous measures to raise funds to pay off the debt.

Important! The seizure of property does not deprive the debtor of the opportunity to use the seized things and housing and does not relieve him of the need to pay all payments due to him for utilities and real estate taxes.

Until recently, the concepts of arrest and foreclosure of property were also confused by the judiciary. An example of this is a civil dispute, which became the precedent for many subsequent applications of the seizure of an apartment as a restrictive measure.

The bailiff arrested the apartment of the debtor, who lives in St. Petersburg. She appealed against the actions of the bailiff and was upheld by the court. The verdict of the court stated that the only housing was not foreclosed and therefore could not be seized. The bailiff and the creditor, in turn, appealed the decision, and eventually the dispute reached the Supreme Court of the Russian Federation. Its definition in this case has become mandatory for use in considering such disputes.

The ruling of the Supreme Court states that seizure is not equivalent to recovery, but is a restrictive measure taken to prevent the alienation of real estate, which would damage the interests of the creditor.

Thus, the seizure of the only housing of the IP can be legally imposed.

So you can't be afraid?

Legislative initiative is a completely unpredictable thing. In a crisis, when the total debt of the population to banks, credit organizations, tax authorities and housing and communal services is growing by leaps and bounds, the process of adopting new laws related to debt collection can be lobbied by interested parties, in particular, banking structures.

It is possible that it is lobbying that explains the legislative initiative of the Ministry of Justice of the Russian Federation, submitted to the State Duma in 2016. The initiative is based on a proposal to amend a number of regulations, including Article 446 of the Code of Civil Procedure of the Russian Federation. The changes relate to the possibility of foreclosure on the only dwelling of the debtor in cases where the dwelling can be classified as luxurious or oversized.

If we analyze the changes proposed at that time in more detail, we get the following. The Ministry of Justice proposed to allow the seizure of the only housing from debtors in the following cases:

  1. When housing has a footage in excess of the standard. The minimum living space per person is 12 sq. meters. That is, for a family of three, the initiative left this very minimum multiplied by three. Accordingly, it was proposed to alienate the apartment with the provision of a smaller housing to the debtor.
  2. When housing is classified as luxury. In accordance with the Tax Code of the Russian Federation, the luxury of housing is determined by the cadastral valuation. Russians have already managed to assess the fairness of cadastral valuations of real estate. Nevertheless, housing with a cadastral valuation of 50 million rubles or more is considered luxurious.

Will such a bill be passed?

In 2016, the legislative initiative of the Ministry of Justice aroused the indignation of Russians not much less than the increase in the retirement age in 2018.

According to the results of public polls and debates, lawmakers have corrected the text of the bill. Its latest version provides for the possibility of foreclosure on a single dwelling only in relation to:

  1. Alimony evaders
  2. Debtors for recovery of damages for harm caused to the health of citizens.
  3. Debtors obligated to compensate for the damage caused as a result of the crime.

The bill was also edited in terms of surplus footage. In the new version, the withdrawal of the surplus is allowed only if the standard footage per family member is more than doubled.

Provides for the project and the very procedure for the withdrawal of housing.

So, foreclosure on the only housing can occur only by decision of the court.

The bill may still be agreed and discussed for a long time. There can be no doubt that it will still be accepted. Until then, however, the PCs can live in peace. No one will be able to seize their only home, unless it is collateral.