The leading lawyer of the European Legal Service, Yuri Avanesov, explained to the Russians the reasons why they could be deprived of their housing. About it informs prime agency.
According to the expert, if the premises is the only one for permanent residence, it enjoys executive immunity, it cannot be taken away for debts, but there are exceptions that are provided for by law and the law enforcement practice of the courts.
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So, in cases where such housing is pledged to the bank and taken on mortgage at the same time, foreclosure on the apartment in order to fulfill the obligation secured by the mortgage is lawful.
“As for law enforcement practice, it should be noted that the law requires the conscientious exercise of one’s rights and obligations. No one has the right to take advantage of their illegal or dishonest behavior,” Avanesov stressed.
If the dwelling is the only one suitable for permanent residence, but at the same time, for example, it is much larger than the required social norm in terms of area, it can also be withdrawn to pay off debts. They can also foreclose on a dwelling if the debtor purposefully made it the only one.
The presence of children in debt to the bank does not play a role in imposing a penalty, if we are not talking about forced eviction. The lawyer recalled that the obligation to provide the child with normal housing rests with the parents, and not with the creditor, but you can ask for an installment plan for the execution of the court decision on eviction.
Earlier it became known that almost three-quarters of Russians (71 percent) who planned to get a mortgage in 2021 temporarily abandoned this idea. Of those who were left without a mortgage, 23 percent were refused by the bank, 21 percent could not choose a suitable property, another 21 percent changed their mind about taking a loan after approval. 6 percent of respondents said that they were not satisfied with the conditions of mortgage lending in principle, so they did not even begin the process of registration.
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