Vladimir Shalaev, a partner of Pravovaya Gruppa LLC, told the Prime agency in which cases the only housing can be taken away.
So, the standard reason for this is if the housing is pledged. In case of non-payment, the bank receives a court decision and approves the regulation on the sale procedure. At the same time, the manager holds an auction for the sale of the object.
However, according to the lawyer, there are exceptions. For example, if we are talking about non-tax property – in some cases, you can lose it, even if this is the only housing. Usually the law is on the side of the person who has nowhere else to live.
In some cases, the court may decide that a single dwelling can be foreclosed. “For example, if the debtor tried to hide the property, and it was returned to the bankruptcy estate,” the expert said.
In addition, it is possible to lose the only housing within the framework of bankruptcy, if it is recognized as luxurious or it is possible to prove that the debtor does not live there.
Earlier, in December 2020, it was reported about a Russian woman who lost money from the sale of an apartment after talking on the phone. A 63-year-old local resident was the victim of telephone scammers – she transferred over a million rubles to them.
source https://pledgetimes.com/the-lawyer-spoke-about-cases-of-loss-of-the-only-home/
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