Today, the devoted mechanism for the removal of the only housing in the debtors does not exist. But several times, the Constitutional Court has confirmed the legality of the deprivation of the last square meters for their implementation within the framework of the enforcement proceedings or under the bankruptcy procedure.
Many borrowers whose debt achieved unacceptable borders began to actively discuss on the network the possibility of imprisonment of their only housing. After all, until recently it was impossible.
The Constitutional Court made it possible that the risk of losing the only housing may be subject to citizens who do not fulfill the obligations under the loan agreement and at the same time has a single lived. square. To date, this order concerns more persons who have decided to take advantage of bankruptcy procedure. But no one is immune from the fact that these measures will take in relation to ordinary people who are unable to pay on the loan.
Therefore, if you plan to declare yourself with bankrupt, speak with lawyers the possibility of imprisonment of you last housing, since until recently it was absolutely impossible. But the last events show us another reality of this problem.
Previously, the only housing was protected by law. He was defended by performing immunity, thereby making it impossible for the recovery of the only housing due to debts.
A large number of debtors were previously abused by such immunity. They issued large loans in the bank, bought real estate for these funds, and then did not pay credit obligations. In the end, unscrupulous borrowers declared themselves with bankrupt, and banks appealed to the court, where mass failures were received on the issue of seizure of the sole property. As a result, the bank remained with losses, and the borrower without the consequences of his actions.
Formally, nothing has changed. There were repeated conversations on the topic that it is necessary to make changes in legislation, in connection with the abuse of property immunity by borrowers.
The last time this problem was again predicted to publicly when the man appealed to the court with a suit on his acquaintance, which was owed to him several million rubles. At the same time, the debt did not give, but acquired luxurious accommodation. The man did not suit this fact, he reached the highest court, where he asked to oblige the court to move the woman in a smaller accommodation, and the difference in the cost of real estate return to him as a repayment of debt.
Nobody has changed the law for the sake of single precedents, but established criteria when property immunity can be removed:
Expect that this will happen in the near future. But it is still necessary to specify the lawyers about the existing standards.
It is not necessary to fear the mass seizure of the only housing, it will not definitely happen. Each specific situation with the debtor will be considered individually, and the decision is made on the basis of many factors.