Where is property seized by bailiffs sold?

How to buy seized property from bailiffs - key points

How to buy seized property from bailiffs? With the spread of the lending system for citizens and legal entities, the number of debts has increased significantly.

Trying to return the money given, creditors sue debtors. Often the property of the latter is seized and later sold by the state.

The obligation to seize such property for subsequent sale is assigned by law to the FSS (federal bailiff service). Thanks to this system, ordinary citizens have the opportunity to become the owner of movable and immovable objects at a price below the market price.

Before you buy seized property from bailiffs, you should familiarize yourself in detail with the sales procedure. In addition, it is necessary to find sites for selling things, prepare documents, calculate costs and find out the risks for the buyer.

Legal basis

Things available for purchase by ordinary citizens appear as a result of their seizure from debtors (229 Federal Law of 10/02/07).

This can happen in any property dispute when the defendant has a court-proven debt to the plaintiff. Seizure and sale of things are possible only on the basis of a court decision, after the opening of enforcement proceedings.

How to buy seized property transferred for sale?

Having received a writ of execution, the bailiff has the right to seize part of the debtor’s belongings. Before this, the defendant is given five days during which he can pay his debts. If there is no such opportunity or the debtor does not want to take advantage of it, the property is seized.

The sale of things is carried out by a separate state organization - the Federal Property Management Agency, as well as companies to which it transfers part of its powers on contractual tender terms (44 Federal Law of 04/05/13).

The sale of property under arrest or collateral is carried out through public auction. Most of them are conducted on Internet sites, where a list and starting price of each object are posted.

The initial cost of the property is significantly lower than the market value, so buyers have favorable conditions for purchasing things or investing their funds.

What property is sold through the FSSP

What is bailiffs' collateral? According to the legislation on enforcement proceedings, there is a list of property subject to sale at auction. This includes:

real estate objects;
property that serves as collateral;
things of artistic or historical value;
items worth more than five hundred rubles.

In addition to things, the rights to this or that property, the debtor's assets in business and production, money, as well as valuable business papers are subject to arrest. The law also lists the criteria for those items that cannot be purchased, since they cannot be arrested and confiscated:

real estate that is the only one the debtor has and in which he lives;
land plot used for subsidiary farming;
awards;
baby supplies;
fuel;
personal household items vital for everyday life;
products that feed the debtor's family.

For each item, the bailiff must carry out a cost assessment. The technical characteristics were also clarified and the availability of documents confirming that the owner of the things was the debtor was verified.

Objects can be seized from the owner in kind, or placed under guard until sold. Thus, among the confiscated goods, you can choose both movable (furniture, household appliances, audio and video equipment, cars, etc.) and real estate.

How to buy seized property from bailiffs?

There are several options for purchasing seized property. The most common is to take part in electronic trading.

Any citizen or legal entity who has the right to sign electronically is allowed to join them. The procedure for purchasing through auction is as follows:

How to buy from bailiffs? The process of purchasing seized property

A sample application and a list of documents for participation in the auction can be found on the website where the auction takes place. It is important to know that each auction participant can submit only one bid for it. At least 15 days are allotted for collecting applications.

The deposit is calculated according to the law and depends on the category of property being sold. For items that have no owners, or that have been confiscated and are in state ownership at the time of the auction, the deposit cannot be higher than 10% of the minimum cost. If the property is pledged, a deposit threshold of 5% is allowed.

The auction begins if at least two bidders bid for the item. The Civil Code limits the audience of persons who are allowed to participate in auctions. Article 449.1 does not allow state-sold property to be auctioned:

the debtor himself;
people who assessed the items;
any persons who participate in the organization and process of the auction;
officials who can directly or indirectly influence the outcome of the auction;
family members of all the above categories.

The auction procedure includes the announcement of the minimum value of the item, the agreed step for trading, the auction itself and the identification of the winner.

If, after the initial price of the lot has been announced, no one has expressed a desire to purchase it three times, the auction is considered invalid. Then the auction is held again, with a reduction in the value of the object.

Repeated auctions for the same lot are carried out even if their results are cancelled. For example, the winner did not pay for the item in full. If the auction does not take place, the deposit is returned to the participants, and the procedure is repeated within 10 to 30 days.

The owner of the items can return them at a reduced price if the auction fails twice. In this case, 25% is subtracted from the initial price and the former owner is given the opportunity to buy the item within five days.

In addition to electronic trading, you can redeem seized property in person, in those organizations that are involved in its sale. The terms of sale are clarified on the spot.

If the price of an object is less than 500 thousand rubles, it can be sold on commission sites. A month is allotted for implementation.

The cost of goods not in demand within 30 days is reduced by 15% and is sold for another month. After 60 days, the price is lowered again, now by 25%, and is offered to the creditor in payment of the debt. If the creditor refuses the offer, the object is returned to the debtor.

When submitting an application, you will be required to submit documents confirming your right to participate in the auction.

When submitting an application, you will be required to submit documents confirming your right to participate in the auction. For individuals it is enough:

passports according to which the participant will be assigned a number (original and copy);
receipts for payment of the deposit;
If the participant has a spouse, his/her consent to participate in the auction is required.

The package of documents for legal entities is much wider:

participant's passport;
state registration certificate (original and copy certified by a notary);
constituent documents of the company (notarized copy);
charter or order appointing a representative to participate in the auction (one or a group of persons);
decision of a company representative to participate in the auction;
results of the organization's most recently completed balance sheet.

Based on the documents provided, the commission makes a decision on the participant’s solvency and his right to participate in the auction.

Where do bailiffs sell debtors' property?

After the arrest, the bailiffs are authorized to determine how the debtor's property will be sold: through a commission sale or public auction.

Accordingly, you can buy seized objects of movable or immovable property both on electronic platforms and in organizations accredited for the sale of “confiscated property”.

Information about all things seized from debtors is collected in the automated system "PIBI", on the official website of the Federal Service for State Property Management (http://www.rosim.ru/), on the state portal https://torgi.gov. ru, in the section on the sale of debtors' property.

These are government systems whose responsibility is to inform citizens about the sale of property in enforcement proceedings.

Internet sites contain information about auctions held by the Federal Property Management Agency and about organizations that have received the right to sell seized items and conduct auctions on their own.

To find current auctions on the electronic platform, you should select the region of the auction and the object of interest. The list will show:

all auctions held in the subject;
contacts of the organization that conducts them;
objects of sale, their technical description, condition and starting price;
location of the property;
date of the auction.

Each portal contains information about the organizational conditions of bidding, which include: deadlines, deadlines for submitting applications, required package of documents, etc.
In addition, in each region there are several accredited publications that publish data about the bidding.

Application methods

The law does not contain restrictions on the forms of filing applications for seized property. Auction organizers are free to decide for themselves which form is more convenient for them: paper or electronic.

So far, applications prepared in writing on paper form a larger percentage of total applications at ongoing auctions. In this case, the potential participant fills out the established form and sends it, along with a package of documents, to the address of the auction organizers.

Opportunities for submitting applications electronically are open. To participate in the auction, applicants must go through the registration procedure on the auction portal itself, confirming their identity with an electronic signature.

It is expected that in the coming years all documentation will be accepted electronically. This method will take less time and will be more convenient for citizens.

Advantages and disadvantages of the procedure

As a result of the auction, the starting price may skyrocket

The main advantage of purchasing seized property is when the price of the property is significantly lower than its real value. In practice, this benefit is highly questionable.

As a result of the auction, the starting price may skyrocket. Illiquid objects are usually sold at really low prices:

outdated equipment;
objects are in technically poor condition;
items with a high percentage of wear, etc.

The problem is that before buying seized property at auction, participants do not have the opportunity to inspect it.

You have to trust the product description presented on the website. There is no warranty on items. If a product does not meet the buyer's expectations, it cannot be returned, just like money. You can protest a purchase only if the actual object does not correspond to the description of the lot at the auction.

Many people use trading platforms to invest. This is mainly due to the opportunity to profitably buy seized real estate. With the advent of mortgage lending, the number of such properties has increased, as the bank takes away collateral apartments and houses if the owners are unable to pay off their debts.

Unlike movable objects, the condition of apartments and all their technical characteristics are indicated in detail in the documents. However, registered residents may remain in the apartment, and the former owners can significantly spoil the joy of the purchase.

The main disadvantage of buying seized property is that, despite the auction taking place, the object of sale may be returned to the original owner.

He has the right to challenge the motive for the arrest in court. Such situations do not happen often, but they do happen. Those who spent time and money purchasing property are compensated only for the financial side of the transaction.

To avoid unpleasant consequences and buy confiscated goods profitably, you should follow several rules:

You need to closely monitor the trades.
Basic knowledge of the legal norms regarding seized property and transactions with it is required.
When preparing documents for rights to an object, you need to check all the details.
If in doubt, you should consult with legal professionals.
You should not fall for the advertising of scammers who disguise sites with illiquid goods as sites for selling confiscated goods.
In addition, to purchase a valuable object, free funds are needed, since the moment when a valuable property will appear is impossible to predict, and there are usually quite a few people willing to buy it.

Despite the apparent complexity, participating in auctions can be not only an exciting activity, but also a source of acquiring truly valuable things at a reasonable cost. Before you buy seized property from bailiffs, you need to weigh your desires and capabilities, and bargain with a cool head.

Purchase of property from bankrupt companies:

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How to buy seized property?

You can choose between seized, ownerless, seized, confiscated property, material evidence, detained goods and things with a different legal status - there is almost no difference between purchasing them.

It is worth paying attention to the different statuses of sales: on sale, on processing, revaluation. The "on sale" status means that the property is available for purchase. The status “revaluation” is assigned to seized property that has not been sold within a month or after the first auction and for which the bailiff has not yet reduced the price by 15%. After the bailiff issues the relevant decision, a new information message is published indicating the reduced cost and the “on sale” status. But the status “recycled” is given to things that are actually unsuitable for their intended use - they are sold as usable leftovers.

To find out the condition, equipment and other characteristics, you need to call or write to the seller - the phone number and email must be indicated in the application. If there are no contacts, but a legal entity is named, you can find contact methods on its website or on the website of the territorial body of the Federal Property Management Agency in the section “Sale of seized, confiscated and other property.” There is a subsection that allows you to obtain additional information about the sellers of seized property. However, if the seller refuses to conduct an inspection and provide a photo, then no liability is established for this.

Often the property itself is in the custody of the debtor, creditor or other person, and the seller is only engaged in its sale. In this case, most likely no one will show you anything before purchasing.

Information about seized property being sold is posted on the website of the Federal Property Management Agency (its territorial body) automatically by downloading certain fields from the internal accounting system and does not provide for the publication of additional information.

The “Additional Information” and “Photo” tabs were created for property converted into state ownership. In case of sale of seized property, filling out these tabs is not provided.

When you click on the “Publication Information” tab on the bottom right side, the corresponding block opens. If it is not displayed, you need to set the page scale in the browser to less than 100%.

As the press service of the Federal Property Management Agency told us, the main source of information about property sold at auction is the official website of the Russian Federation for posting information about auctions. Now on the website of the Federal Property Management Agency it is technically possible to display the value only in rubles; in the future it is planned to provide another currency in which the property is transferred for sale.

If the sale is carried out without bidding (on a commission basis), you need to submit an application to the seller. The address and time for accepting applications must be posted on the seller’s website. The purchase and sale agreement is concluded with the one who first submitted an application.

When selling at auction, you must not only submit an application with the required package of documents, but also make a deposit. The procedure for accepting participation in the auction, the amount of the deposit, the deadline for accepting applications, the time and place of the auction are indicated in information messages about the auction. The winner is the person who offers the highest price.

Its sale is terminated, then the property (or documents for it) is returned to the bailiff. Next, the bailiff sends the claimant an offer to keep the property or returns it to the debtor.

“Pravo.ru” decided to purchase something inexpensive on a commission basis. It turned out that the Central Office of the Federal Property Management Agency, as well as the technical specifications of the Federal Property Management Agency in Moscow and the Moscow region do not sell anything cheaper than 37,477 rubles without bidding. We started looking in the regions. For some products, the distributor was not indicated at all, which means it is impossible to purchase them. When calling other sellers, no one answered the phone, and they also answered that the number was incorrect. When we finally managed to get through and ask a question about the characteristics and condition of the product (we weren’t even talking about photos and viewing), it turned out that the information about the publication was long out of date. And the website of the Federal Property Management Agency was not encouraging: it does not display a single sale on a commission basis over the past two years. Then we decided not to waste time on calls and immediately send applications for the purchase of seized property by email - no matter what condition it is in or what it is.

At first we acted as a private individual. The applications were written in free form and contained only a request to sell the specified property. Eight applications received only two responses: SK Alser Stroy LLC responded that the electric kettle we liked had been recalled by the bailiffs, and IP Bogdanov reported by phone that the mobile phone had not yet been received from the bailiff.

Then we decided to send applications signed by the editor-in-chief of Pravo.ru. Five applications received three responses. From the MTU of the Federal Property Management Agency in the Tula, Ryazan and Oryol regions they verbally reported that the T-shirt being sold is with the debtor in the Ryazan region and you need to come for it in person. At the same time, we must conclude an agreement for its purchase in the city of Orel - also in person. However, a little later they sent us an official written response that the T-shirt was returned back in July of this year by MOSP for the EIP of the Federal Bailiff Service for the Oryol Region due to the end of the sales period. A representative of SK Alser Stroy LLC also notified us by e-mail that the Beeline brand cell phone was returned to the bailiffs due to its non-sale back in April, although on the Rosimushchestvo website it still has the status “on sale”. And only IP Bogdanov sent us a positive answer - this time the bailiffs no longer had the mobile phone. The seller requested the buyer's information in writing and then sent a draft purchase and sale agreement. We signed it, paid 1000 rubles through the bank. for a seized black Samsung GT-C3222 cell phone with scuffs on the body and sent a scan of the contract and payment receipt by email. Three days later we had the phone. For its delivery from Vladimir I had to pay another 528 rubles. Along with the phone, the envelope contained a purchase and sale agreement signed by the seller, an order for sale and documents from the bailiffs. In response, we sent by Russian Post the purchase and sale agreement signed by the buyer and the acceptance certificate. The smartphone we bought came without a charger, but most importantly, it turned out to be working. It cost us 1,528 rubles, although you can buy the same one for 500 rubles in pawn shops and second-hand. By the way, even a few days after the purchase, the status of this phone was still “for sale.”

Examples from the website of the Federal Property Management Agency, in which the seller and his contacts are not indicated, and there is also no description of the product.

Sale of seized property

The seizure and confiscation of debtors' property is carried out by FSSP employees, and the implementation is carried out by the Federal Agency for State Property Management (Rosimushchestvo). Each region has its own territorial division of the Federal Property Management Agency, which independently or with the involvement of specialized organizations carries out the sale of confiscated goods.

Such organizations must be licensed to sell this type of item. For example, a company that has permission to trade in jewelry can sell jewelry, brokers handle transactions with shares, and banks deal with precious metals.

Credit institutions have the right to sell collateral on their own or through special electronic platforms.

How is confiscated property sold?

Stage 1. The bailiff, independently or with the assistance of an expert, determines the value of the seized items and issues an appropriate decision. Valuation is made at market prices.

Specialist help is needed when:

real estate, securities, jewelry, antiques are assessed;
the parties do not agree with the bailiff’s assessment;
the cost is more than 30 thousand rubles.

Stage 2. The SSP official issues a resolution to transfer the seized property for sale and sends the document to the Federal Property Management Agency.

Stage 3. Within five days, the federal agency decides who will sell the confiscated goods (independently or a specialized organization), and notifies the FSSP of the choice made.

Stage 4. The bailiff transfers the property to the organization that will handle the sale. The transfer is carried out within ten days from the date of the decision and is documented in an acceptance certificate.

The following are attached to the document:

copies of arrest and sale orders;
technical documentation for confiscated goods;
title documents for the object of sale.

Stage 5. Authorized organization:

Posts information about auctions in information and telecommunication networks and the media. According to Art. 448 clause 2 of the Civil Code, the announcement of the auction is published 30 days before the start.
The FSSP Office notifies about the publication and provides a link to publicly available information about the auction.

Stage 6. The FSSP Office posts the received information on the official website.

Stage 7. The Federal Property Management Agency or a specialized organization carries out the implementation.

Depending on the type and value of the property, it will either be auctioned or auctioned on a commission basis. Each method has nuances and rules of sale. But in both cases, if the buyer is not found within a month, the bailiff will issue a ruling and reduce the value of the confiscated property by 15%. If a month after the price reduction the sale does not take place, the responsible person will reduce the price by 25% and offer the claimant to pick up the property.

The claimant must inform the bailiff in writing of his consent within five days from the date of receipt of the proposal. In case of failure to receive a response on time or refusal, the items are returned to the debtor.

The bailiff issues a corresponding resolution, approves it with a higher official and continues work to collect the debt (searches for and seizes other valuables of the debtor)

Stage 7. If the sale takes place, the proceeds from the sale are sent to a special bank account of the FSSP, then to the claimant, after which the enforcement proceedings are completed.

Forms of sale of seized property

Federal Law 229 defines three ways to sell seized property:

Open bidding (auction).
Commission sales.
Independent implementation by the debtor.

Open bidding (auction)

According to Art. 87 clause 3 of Federal Law 229 sales at auction are subject to:

real estate;
securities;
accounts receivable;
collateral objects;
items more expensive than 500 thousand rubles.

Open auctions can take place on electronic platforms or live. The first option is more common when selling bankrupt property, the second being seized. The rules of organization and procedure are regulated by Art. 448, 449.1 Civil Code.

Information about the date, place, value of the confiscated property and conditions of participation is published on the official website of the FSSP and an Internet resource specially designed for this (Article 90, paragraph 3 of Federal Law 229), as well as in print media at the location of the auction.

Person wishing to participate in the auction:

submits an application in the prescribed form;
signs a document confirming that he is aware that the object being sold is seized and whether or not it has any shortcomings;
deposits money into a deposit account (usually 5-10% of the sale price).

The winner will be the participant who offers the highest price. The pre-paid deposit will be counted towards the total cost. For losing bidders, the deposit is returned to their bank account within 24 hours after the end of the auction.

The auction will be considered invalid if (Article 449 of the Civil Code):

one of the participants was suspended for unfounded reasons;
the law was broken;
the starting price was set incorrectly or the highest price offered was not accepted.

The auction will not take place in four cases (Article 91 of Federal Law 229):

Fewer than two people declared participation.
During the auction, no one offered a price higher than the starting price.
Participants did not come to the auction or only one showed up.
The winner did not deposit the remaining money within five days. In this case, the organizer will keep the deposit and may demand compensation for losses.

If the auction did not take place for the first three reasons, the organizer will schedule a secondary auction within a month, and the value of the confiscated property will be reduced by 15% by order of the bailiff.

If the auction is declared invalid due to the fact that the winning bidder did not contribute the remaining money, the price at the secondary auction will remain the same.

The total period for conducting auctions is two months from the moment the organizer receives the property (Article 90, paragraph 1 of Federal Law 229). Confiscation not sold during this time by the bailiff, guided by Art. 87 Federal Law 229, will discount it by 25% and offer it to the collector, and in case of refusal, return it to the debtor.

Commission sales

Things worth less than 500 thousand rubles are sold on a commission basis. The rules and procedure are determined by Ch. 30 and 51 Civil Code.

The essence of commission sales is that the Federal Agency carries out sales through intermediaries, for example, confiscated goods stores.

Unlike an auction with a consignment sale:

the price is fixed (determined by the bailiff's resolution plus the seller's commission);
the buyer is not the one who offered more, but the one who first decided to buy and paid the money.

The sale is secured by contract. The seller transfers the required amount to a special account in the FSSP within five days. The buyer receives the property and the necessary documents.

In all other respects, sales on a commission basis are similar to sales at auction. The total duration is 2 months. After 1 month the cost is reduced by 15% after 2 months. is offered to the claimant at a price 25% less than the original price.

Independent implementation by the debtor

According to Art. 87.1 Federal Law 229, if the value of the property is less than 30 thousand rubles, and there are no disagreements on the price, the debtor has the right to independently engage in the sale. The petition is submitted to the bailiff within ten days from the receipt of notification of the assessment of the seized property.

The official, having considered the petition, makes an appropriate decision. If within 10 days the debtor deposits the required amount into the deposit account, the arrest will be lifted; if not, the property will be offered to the claimant. In case of refusal, they will be sent for forced sale.

Conclusion

Seized valuables are sold by the Federal Agency for State Property Management. The bailiff only carries out preparatory work: arrest, seizure, assessment, preparation of documents. He interacts with the Federal Property Management Agency and deals with the subsequent fate of the confiscated property if the sale does not take place.

All information about seized property can be found in the public domain on the following official Internet resources:

website of the Russian Federation to post information about bidding, you need to click on the icon with the image of scales;
FSSP website in the “Service” section, category “Notice of public auctions”;
website of the Federal Agency for State Property Management in the section “Sale and disposal of property”.

For a debtor, seizure and sale of property is a painful way to pay off financial obligations.
For the buyer - the opportunity to make the desired purchase (car, real estate) at a good discount. Of course, there are certain risks of becoming the owner of problematic things, but that’s a completely different story. [wpmfc_short code=”telefony-verh”]

How to buy seized property from bailiffs?

In our country, many people use lending services. However, not everyone manages to fulfill the obligations of the loan agreement, and their property is confiscated by the FSSP - Federal Bailiff Service.

The main goal of any organization that issues a loan is to get your money back. The sale of the confiscated property of the debtors resolves this issue. There is and will be a demand for seized property, because it can be purchased at a significant discount - for example, for 50-60%.

But part of the population of our country still does not know that confiscated property can be bought. Let's try to look at everything in order. First you need to understand how the process of confiscation, acceptance and further transfer of seized property by FSSP officers occurs.

Transfer process

If the debtor does not repay the loan for a long time, the credit institution applies to the FSSP to initiate enforcement proceedings. During the process, a special document is generated, called a writ of execution, which indicates the cost of the object.

Note that the FSSP, before seizing the debtors’ property, sets a period of 5 days for debt repayment. If no payment has been made during this time, the FSSP sends a bailiff to seize the property. At the same time, a package of documents is formed, without which further implementation is not possible.

After an arrest, the following happens:

with real estate - the bailiff, in the presence of witnesses, describes the property, seizes it and transfers it for evaluation;
movable property is described and seized. The bailiff decides to whom to transfer it for safekeeping.

Property valuation

In accordance with the methodology approved by the established procedure, the bailiff preliminary evaluates the seized property based on the technical condition and external signs.

If, according to a preliminary estimate, the value is more than 30 thousand rubles, the bailiff is obliged to involve a specialist appraiser.

If the price of the property does not exceed 30 thousand rubles, the bailiff may offer the debtor to sell the property independently and deposit the funds into the deposit account of the bailiff service unit where enforcement proceedings have been initiated against the debtor.

For the debtor himself, this is much more convenient: he can sell the property, and someone else can buy it faster and more profitably.

Valuation of property worth more than 30 thousand rubles. with the involvement of a specialist appraiser, is carried out within 5 days from the moment the appraiser received the application.

For particularly complex cases when it is necessary to study additional documents (for example, determining a share in the authorized capital), the time frame can be extended.

After assessing the value of the property, the bailiff must familiarize the parties to the enforcement proceedings (claimor and debtor) with the assessment. The parties may disagree with the assessment and appeal it in court. Independent appraisers may be involved in the assessment. In this case, all costs are borne by the party that appealed the bailiff’s decision to court.

Sale of seized property

After the expiration of the deadline for appealing the assessment established by law (10 days), the bailiff prepares documents to transfer the bankrupt property for sale. Preparation of documents takes a certain time (for example: for a real estate property, documents from Rosreestr, the cadastral chamber and other bodies that have information about the object are required; a technical condition certificate is required for a car).

After this, the bailiff issues a ruling that the bankrupt property is ready to be transferred for sale. The resolution is submitted to the Bailiffs Office, where there is a special department that examines documents.

After completing all the work on preparing and verifying documents, the full package of documents is sent to the Federal Property Management Agency for the sale of the seized property of the bankrupts.

Bailiffs are not involved in the sale of property of bankrupt debtors.

The sale of the seized property is carried out by a special service called Rosimushchestvo. The organization holds an auction, where the initial price is indicated no lower than that specified in the executive document.

In some cases, the Federal Property Management Agency transfers the authority to sell seized property to third-party organizations. This practice is common when selling small properties.

You can view information about how the implementation is progressing and upcoming auctions on the website of the bailiff service.

Where can you buy confiscated property of bankrupts?

There is a certain procedure - the sale/purchase of seized property of bankrupts through auction. From January 1, 2016 All auctions for the sale of bankrupt property are held electronically.

Information about the object that is being put up for auction: its characteristics, conditions for participation in the auction is available to all citizens. It can be viewed in the Kommersant newspaper and on aggregator sites.

There are different stages of bidding. At the first stage, the principle of increasing prices applies and the one who gives more wins. If there are no offers, the second stage of public bidding begins, and there the price is reduced according to a schedule drawn up by the manager. Here the winner is the one who applied first.

To participate in the auction you need:

Receive an electronic signature.
Find an object, check it (you can see it physically or see documents by contacting the manager).
Register on the trading platform using your digital signature.
Submit an application.

Within 5 days after the sale of property, the money is transferred to the deposit account of the bailiff service, which transfers it to the claimants.

The law provides that each procedural action of the bailiff can be appealed: by the debtor, the collector, third parties, the period for the sale of property can exceed 3 months, and sometimes lasts up to a year.

How to participate in bankruptcy auctions?

After the seized property is transferred to them, the auction organizers set a date for the auction, which is entered in the media and on the organization’s website. Before this, the bailiffs carefully check all documents on the property.

In accordance with current legislation, any individual or legal entity can take part in auctions and buy property seized by bailiffs. To do this, you need to submit an application for participation and provide a certain package of documents.

The implementation takes place in the following order. If we are talking about public auctions, first the potential bidder must agree with the organizers to view the lot and check the documents. After this, the applicant draws up an application for participation, a sample of which is available in the organization conducting the auction.

Persons admitted to trading are included in a special protocol. All information on auctions is also sent to the website of the Federal Property Management Agency or third-party organizers.

So, if you decide to purchase property seized by the FSSP, then you will need:

registration on the trading platform
application for participation in the auction;
EDS (electronic digital signature);
copy of the passport;
for individuals - consent of the spouse to participate in the auction in accordance with the Family Code;
for legal entities - copies of constituent documents confirming the fact of registration of a legal entity;
documents confirming the authority to participate in the auction of persons representing the participating organization;
a copy of the accounting report indicating the solvency of the legal entity.

Advantages and disadvantages

What are the positive aspects of purchasing seized property by the FSSP service? Everything is very simple - the financial side of the issue . Since the credit institution is interested in the speedy sale of real estate, the price for it may be noticeably lower than the market price. But the best offers are usually captured by professionals who have been working in the market for a long time and have a team. Therefore, you should not expect to buy an apartment in Moscow at auction for 1 million rubles or an almost new foreign car for 5,000 rubles.

If we talk about the shortcomings, they are quite significant. The main difficulty is that often the object of sale is located in another region, and you actually cannot look at the product, assess its condition, real value, possible costs .

Sometimes people who bought such property have conflict situations with the former owners . This is very unpleasant, although the law here is usually on the side of the new owner.

Well, and probably the most unpleasant thing is that the seized property can be returned to the former owner on the basis of a court decision , despite the fact that the sale has taken place. Such situations occur rarely, but they do happen when the FSSP does its job poorly and the debtor begins litigation. Of course, the money comes back, but no one can return the time you spent.

Bankruptcy – Sale of bankrupt property

Conclusion

The benefits of buying property at auction depend on experience. For example, a beginner can buy an illiquid product and end up losing money, but a professional often remains in the black.

If you want to try, then completing the necessary documents will not be difficult. If difficulties arise, you can look at the website of the Federal Property Management Agency. It may also make sense to take bankruptcy bargaining training.

No one is immune from mistakes - you should not immediately risk a large amount and give up at the first unsuccessful transactions. Profit usually comes with experience.

It is important to approach trading with a cool head, then you will definitely succeed. And in order to avoid mistakes and reduce risk to a minimum, we recommend downloading a free book on the topic: “Bankruptcy Trading Using Dr. Watson’s Formula.”

See also on the topic: Confiscated property of bailiffs

3 ways to buy a confiscated car from bailiffs

Today, buying a confiscated car is in demand among car enthusiasts, because it can be purchased at a reduced market value. Not everyone can afford to take out a loan from a bank and then repay it with high interest rates over several years. Let's look at how to buy a seized car from bailiffs.

Seizure of a car by the FSSP

Car confiscation is carried out mainly by banks and by court decision in case of non-payment of a loan. Bailiffs have the right to seize the vehicle irrevocably and have all the powers for subsequent sale, again through a bank, auction or online Internet.

The FSSP confiscates not only vehicles, but we are interested in them

How does arrest or confiscation by bailiffs occur?

If a compromise is not found between the debtor and the bank, the second is forced to file a lawsuit to collect the debt from the client.

They have all the powers to do this . The car is confiscated in the following order:

a written court order is presented to the debtor regarding the collection of measures;
a visit is made to the debtor’s house together with two witnesses;
a protocol is drawn up on the vehicle indicating information about the debtor, a description of the compulsory collection measure applicable to the debtor on the basis of legal proceedings;
any audio-video materials are attached to the protocol as material evidence during the seizure procedure;
a search is announced in case of concealment;
the car is seized;
the seized property is being sealed;
the debtor or legal representative is given a copy of the special act as proof that the introduced legal measure comes into force.

A seized car will soon go under the hammer if the owner does nothing

As a result, the debtor is deprived of the right not only to drive the seized car, but to his property as such. Bailiffs have the right to immediately seize the vehicle along with its registration certificate, state sign, and registration certificate.

Ultimately transfer it for storage to third responsible persons, in particular to the same witnesses. Although it is important to understand that such a collection process is regulated by the Civil Code of the Russian Federation and FSSP employees will first offer a voluntary transfer of the car .

How and why a seized car can be sold

The main purpose of a car seizure is to collect debts from the debtor both to the bank and to the traffic police in the event of systematic failure to pay fines or late registration of the vehicle by the car owner.

This is a kind of debt compensation and an extreme measure in relation to a negligent debtor.

Selling confiscated cars at auction is popular all over the world.

The court's decision is the law in our country. If the debtor does not deign to file an appeal within 10 days or pay the debts in full, then the court has the right to carry out legal proceedings.

Bailiffs are given the authority to seize the vehicle and put it up for sale. From now on the car becomes confiscated.

After assessing, recording the technical condition and existing damage to the car, the assessment commission will set the cost of the car and, as a rule, remove the serial number.

How not to buy a car with a registration ban

Experts do not recommend buying such a confiscated vehicle, because if there are encumbrances or a ban on registration with the traffic police , it means that it will not be possible to register the car as your property.

In this case, car enthusiasts need to look at the situation and carefully study the agreement with the seller, who is usually a bank.

You can buy a car without fear only if there is a clause in the contract that when the debt is paid, the arrest and various restrictions on the car in connection with the re-registration to the new owner will be lifted.

In what cases will the buyer have to wait for the arrest to be lifted and go through the courts:

lack of customs clearance for the vehicle or incorrect implementation of the procedure;
being hijacked or being a defendant in any investigation;
ignorance of sanctions imposed by the seller himself;
resale, repurchase of an imported car from abroad without registration with the traffic police, while the former owner disappears without a trace or does not make contact;
dishonest and deceptive actions on the part of the seller;
the presence of unpaid fines unknown to the new owner.

Lawyers advise! Carefully study the history of a confiscated car before purchasing, otherwise such transactions may become unprofitable and costly.

Gullible people traditionally fall for the tricks of scammers in pursuit of profit.

A way to check a seized car before buying it from the bailiffs

Still, it’s better to buy a clean car and don’t be too lazy to first check it for arrest or restrictions by contacting the bailiffs. What should be done :

Contact any nearby traffic police department.
Submit an appropriate request outlining the information you are interested in about the vehicle.
Wait for a written response from the FSSP employees.
To make things move faster, provide the available data (model, make, engine registration number, body).
Try to get information on the official online services of the State Traffic Safety Inspectorate and the Federal Bailiff Service. Check for database restrictions in this way.

How the sale of confiscated cars works: rules

Every year, defaults on bank loans are only increasing. That is why the sale of confiscated property is gaining momentum today. It is important for banks to get their money back, and they are not interested in cars.

The procedure for selling confiscated goods is step-by-step:

Usually the original price lasts up to 3 months. If within 1.5 months the proposed lot (if put up for auction) has not attracted the attention of buyers, then the price may immediately be halved. This is already becoming extremely attractive to potential buyers.

As a result, you can purchase a vehicle 20-30% below the market value. After receiving the act on the results of the auction, you can re-register the property as your own.

What is hidden behind the low cost of confiscated goods: pros and cons

The bank involves dealers in the sale of confiscated goods, so the auctions proceed quite quickly. But difficulties arise, of course, for consumers.

An easy benefit can turn out to be a lot of problems

Disadvantages of such a purchase:

selling a car blindly, i.e. the buyer does not see it with his own eyes and no one is responsible for its safety while it is idle and waiting for its time to be sold;
the need to make an individual non-cash deposit when taking part in the auction. He will then return if the lot is not purchased;
concluding a transaction in digital format, with putting your signature before participating in the auction, for which you will also have to pay ;
the presence of at least 2 people to conduct auctions when difficulties arise in finding a second buyer;
a significant difference between the final price and that indicated in the lot upon purchase. As a result, it may not be lower than the market price;
the presence, one way or another, of encumbrances on any confiscated car, and this is the main disadvantage . Even when purchasing such a car, it can take quite a long time for the encumbrances to be completely removed. Registration may take a long time;
mandatory payment of VAT and commissions (in particular for idle cars in the parking lot). When buying through a car pawnshop, you will have to agree to all its terms and pay additional services.

The advantages of this deal:

purchasing exclusively serviceable equipment, of which there is no doubt, because before putting it up for auction, it undergoes a mandatory technical inspection;
possible purchase of both a passenger car and a dump truck, bulldozer, semi-trailer ;
reliability and low cost when purchasing from a bank;
guarantee of providing a complete document for an expensive vehicle.
Quite a quick purchase.

3 ways to buy repossessed cars

The vehicle can be sold through:

An auction is the most preferred option for car enthusiasts. The auctions offer good discounts, which are not offered even at car dealerships that widely advertise themselves.

From auction

Bailiffs put the car up for auction with a package of necessary documents within 2 months after confiscation.

The car does not go up for sale immediately – only after being assessed by specialists

The sales procedure is as follows:

submission of an application by the buyer to participate in the auction;
making the first deposit taking into account the price of the lot;
in case of purchase - payment of the remaining amount;
after 10 days - drawing up a special protocol on the sale of the car by the auction organizer;
handing over a package of documents and car keys to the new owner.

Buying a car through an auction is more profitable than from financial institutions. There is only one risk, but a significant one. If the old owner decides to challenge the seizure of the car in court and wins the case, then the car will have to be returned. Although the money will be returned to the buyer in 2-3 months in full.

Via bank

Often the initiators of the sale of confiscated property are the banks themselves, but on the basis of a final court verdict. Although the disadvantage of buying a car through a bank is inflated interest rates. Since the cost of the car does not always cover the total debt.

The main thing for banks is compensation for losses, there is no goal here to make money from selling cars

pros:

frequent offering of such confiscated property for sale by banks;
the possibility of purchasing a vehicle inexpensively;
quickly buy a car and just contact the bank, write an application, participate in the auction, make a payment and go home in a new car.

The deal is worth it if you can get it for 20% less than the actual cost.

Banks have the right to engage dealers and third-party intermediary companies to sell confiscated property. Some companies willingly agree to sell such machines via Internet networks, charging a certain percentage for their services.

Moreover, there are a lot of scammers on the Internet. Under the pretext of a confiscated car, they are trying to sell a car or truck that was imported from abroad, has not passed customs clearance, has no license plate, has serious defects, or has been in an accident.

Buyers need to be vigilant.

Official website for the sale of confiscated cars: how it works

You can find out what confiscated vehicles are available on the official website of the State Traffic Inspectorate or the websites of intermediaries .

A list of new confiscated cars seized from debtors to the bank is offered. All you have to do is select an acceptable option and fill out the form provided in the window.

As a rule, the cars are new, without a long service life, purchased on credit. So, basically straight away - from the car showroom.

Buying a confiscated car is a lucrative business. But lawyers remind you to be careful! Carefully check the purity of transactions and documents for the car, find out in advance the reason for the seizure.

There are many services that are ready to check a vehicle for all kinds of encumbrances and thefts for a certain amount of money.

Don’t forget to take certificates of removal of arrest and restrictions before going to the traffic police to re-register your car.

If, after all the difficulties, you are interested in buying a new car for reasonable money, we recommend our review of the best economy class cars in Russia.