I pay a debt to the bank by court decision, but I don’t work because I am the guardian of a disabled person of group 1, I have two minor children, the youngest is 1 year old. The debt is large, 770 thousand rubles. I pay whenever possible, but not less than 1000 rubles. per month. The court does not have a clear amount to pay...

How to punish the FSSP for unlawful seizure of a mortgage account?

Hello. In 2015, a personal mortgage account was seized and two amounts were withdrawn from Tinkoff. On the mortgage, I am the main borrower and two other co-borrowers. Access to mortgage payments is closed to this day. Complaints were written to all authorities, but they were forwarded...

The bailiffs have seized the mortgage account; will the mortgage debt increase?

The bailiffs seized the mortgage account through which I paid off my position with the bank, now the debt to the bank may grow with the subsequent termination of the mortgage agreement

How to pay off a mortgage if the account is frozen?

Good day! We have a mortgage loan. I'm a borrower. My account has been seized by bailiffs. the guarantor wants to repay the entire loan debt ahead of schedule, I submitted an application for full repayment, and together with the guarantor we submitted an application...

Is it a violation of the bailiff to seize a mortgage account?

Is it a violation of the bailiff to seize a mortgage account? After all, in essence, a loan is not income, and a credit account is not a current or personal account...

February 28, 2017, 21:32, question No. 1555780 Natalia Evgenievna, Chelyabinsk

Can a mortgage account be seized for debt on loans?

The relative had a lot of loans and there were lawsuits. He only pays the mortgage, there is no money for the rest. Can bailiffs seize a mortgage account?

Is it possible to seize a mortgage account for debts on consumer loans?

I have a mortgage and several simple loans, but I can’t pay them. If there are courts, will the bailiff be able to seize the mortgage account? Who says what about this: who says it can, who says it can’t

Can a mortgage account be seized for debts on other loans?

I have loans, but I can’t pay them. There is a mortgage, my wife and I are paying for it, somehow, so as not to lose our home. A friend scared that banks might go to court and then seize the mortgage account. This is true?

Is it possible to seize a debtor's mortgage account?

I want to sue to collect the debt. The debtor has no property, but has a mortgage on the apartment, an agreement on it, and pays the mortgage regularly. If I win, can I then seize my mortgage account?

Can bailiffs seize a mortgage account?

Can bailiffs seize a mortgage account? Can bailiffs seize a mortgage account? Can bailiffs seize a mortgage account?

How legal is it to seize a mortgage account by a bailiff?

Can a bailiff seize a mortgage account? Can a bailiff seize a mortgage account?

Can a mortgage account be seized for debt?

A man owes me 300 thousand rubles. There is a court decision, the bailiffs have had the case for a year now. I just found out that the debtor has a mortgage on the apartment from Sberbank. Is it possible to seize this account? An investigator I know says it’s impossible.

When applying for a mortgage, the borrower opens a mortgage account into which he makes payments to pay off the debt. He can be universal, savings, on demand. Any of them can be seized by bailiffs. Despite this, the borrower is obliged to pay the debt on time.

Who can seize an account?

Seizure of an account means that operations on it become impossible. The money received by him is written off in favor of the plaintiff. It is imposed by a decision of a court, an arbitration court, or by a decision of the preliminary investigation authorities, if there is a court decision.

The bailiff, having received a court order, opens enforcement proceedings. Among other collection measures, arrests are imposed on all accounts of an individual opened in banks.

This right is defined in Federal Law No. 229 “On Enforcement Office Work” in Art. 81 part 1. The credit organization, in turn, is obliged to execute the seizure order and inform the bailiff about it.

Can bailiffs seize a mortgage account?

To make mortgage payments, the borrower opens current accounts with the creditor bank. This can be a universal account, savings account, demand account, etc. Accounts are used to transfer funds from them to a loan account, which belongs to the bank and cannot be seized.

According to Law No. 229-FZ, arrest is imposed on the debtor’s funds located in his bank accounts (deposit, settlement, card, etc.). If there is not enough money in the account to pay the debt, the arrest will remain in effect until the obligations are fully repaid. A credit institution does not have the right to write off money in a seized account to pay off mortgage debt.

How to repay a mortgage if the account is frozen?

There are several options for repaying a mortgage so that the money goes past the borrower’s account:

1. Transfer money directly to a loan account by transfer without opening an account. This can be done in agreement with the creditor bank.
2. Deposit cash directly into your loan account through the bank's cash desk.
3. Ask a close relative to open a current bank account and make an application for direct debit of funds from him to pay off the mortgage.

However, first of all, the debtor must put his finances in order and try to resolve the issue with the bailiffs.

According to the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 50 of November 17, 2015, he has the right to file an application to delay or extend the execution of the court order. If such an installment plan is granted, the arrest will be removed from the account and no enforcement measures will be applied to the debtor.

This application is submitted to the bailiff conducting enforcement proceedings within five days after the seizure. The document should be accompanied by certificates that confirm the financial situation of the debtor: a certificate of income, the amount of monthly payments under the mortgage agreement, document other expenses, show the composition of the family, the number of dependents, etc.

If it was not possible to arrange a deferment or installment plan, then, in order to be able to quickly repay the debt, you can contact the bank with a request for a “credit holiday”, a postponement of the payment deadline, or a loan extension with a reduction in the monthly installment. When the debtor has a positive credit history and has proven himself to be a responsible borrower, the lender can accommodate him.

After the arrest is lifted, the borrower will be able to use his accounts opened with the bank.

The duties of the bailiff (hereinafter referred to as the bailiff) include the execution of decisions, rulings, court orders, judicial acts and acts of other authorized bodies, which are recorded in the writ of execution or court order. In other words, the decision to seize a bank account is made by the court, and the bailiff carries out this decision.

One of the main duties of a bailiff is, as a rule, to collect funds from the debtor in favor of the claimant, as determined by the court. The collection procedure means the arrest or seizure of material assets, including cash and funds in accounts. Upon receipt of a writ of execution or other document with a court decision on collection, the bailiff is obliged to send requests to banks or other credit organizations, the response to which must indicate the existence of the debtor's accounts.

Bank employees provide information about the presence or absence of an account, and if there is a credit account, they must put the appropriate mark when indicating it. But sometimes it happens that information that the account is a credit account and the funds on it are intended to repay the loan is not provided by the bank, as a result of which the bailiff receives incomplete information about the account and the credit account can be seized, which is automatically blocked.

In some banks, the blocking of the credit account occurs automatically along with the seizure of the deposit account, despite the fact that the bailiff only seizes the deposit account.

How to unfreeze a credit account?

To lift the seizure of a credit bank account, the debtor has the right to cancel the actions of the bailiff to impose the seizure. This can be done by providing information about the account opened under the terms of the loan agreement to the court, or you can also contact the Federal Bailiff Service with a written statement.

On the one hand, the legislation of the Russian Federation does not clearly state the prohibition on freezing a debtor’s credit account. On the other hand, a credit account is not intended for making payments, as a result of which, according to the law, seizure procedures are not applied to credit accounts.

If a debit from the account that has been seized has already occurred, then you must write an application for the return of the debited amount. Refunds of debited funds may take up to ten days.

If a situation arises in which there is a possibility of seizure of a bank credit account or the credit account has already been frozen, provide the bailiff with all documented information on this account. The bailiff must take this information into account and, in the case of an arrest already imposed, has the right to cancel it.

Everything is changing: changes in legislation are constantly taking place, judicial practice is changing. But the provisions of many laws remain unchanged. This also applies to the legislative framework on the accounts of military personnel participating in the NIS state program. However, today, precedents have increasingly begun to be recorded when the accounts of some military mortgages were seized due to enforcement proceedings for military debts, alimony, unpaid fines and other collection proceedings.

Position of Rosvoenipoteka regarding arrest of accounts

The Federal Bailiff Service of the Russian Federation turned to Rosvoenipoteka, a structure that systematically transfers savings to the accounts of military mortgagees, for clarification. The FSSP asked for clarification on whether it is possible to seize special accounts of military mortgage holders opened with creditor banks in order to collect any debts.

Related materials

Representatives of the Federal State Institution "Rosvoenipoteka" explained that all funds available in the account of a military member participating in the NIS cannot be classified as income funds. It follows that these funds cannot act as the subject of security for any obligations of the contractor.

For this reason, the seizure of accounts where money is transferred to repay a military mortgage should be regarded as a violation of Federal Law No. 229 “On Enforcement Proceedings.”

In addition, representatives of the Federal State Institution "Rosvoenipoteka" emphasized the fact that it is impossible for a bailiff to determine whether a bank account belongs to the category of special accounts registered in the name of a military mortgagee.

How to prevent another arrest

To prevent such situations from arising again, he recommends that contract soldiers against whom enforcement proceedings have already been initiated should contact the FSSP themselves. FSSP employees should present the entire set of documents confirming that the money received in the accounts belongs to payments that are made from the federal budget under the CZL agreement. Such documents include:

• CJZ agreement;
• loan agreement;
• bank account agreement.

What else are the risks of having unpaid debts?

Often, military personnel who have arrears of alimony or unpaid fines on time underestimate the complexity of the circumstances that have arisen. They also do not think or are not aware of the possible consequences of their financial non-obligation, which will affect their credit history.

A negative credit history for an NIS participant who plans to take out a military mortgage can play a cruel joke in the future. Which one? NIS partner banks, from which military personnel can obtain a preferential mortgage loan, may refuse a contractor due to unfulfilled obligations in a timely manner that have damaged the credit history.

It is better for military personnel not to have “dark spots”, despite the fact that, with the help of specialized companies. After all, if the history of debts and loans is clean, a military man will be able to independently obtain a military mortgage from a bank for .

Bailiffs carry out their activities on the basis of Federal Law N118 “On Bailiffs” and Federal Law N 229 “On Enforcement Proceedings”.

The main task of the service is to organize the enforcement of judicial acts. They have the right to seize the property of debtors, including bank accounts, card accounts, mortgage accounts, as well as any other property of persons specified in writs of execution.

Mortgage accounts in banks

They are opened to citizens at the time they receive a bank loan. These are ordinary bank accounts of individuals. The bank withdraws certain amounts from them monthly to repay the loan. The money in these accounts belongs to the citizen. If enforcement proceedings are initiated against him, the account held by such a person is seized and no more write-offs are made to repay the loan.

All money from the account will be withdrawn by the bailiffs as they are received to pay off obligations to another creditor. This system applies to all banks, and Sberbank is no exception.

Payment of a mortgage with a seized account

Payments can be made in cash through the bank's cash desk. With such a loan payment, the money is immediately credited to the lender’s account, bypassing the borrower’s account

If the loan was received from Sberbank, which does not handle cash, you can obtain from it a sample payment order, according to which you can make payments directly to the bank without using your account or card. But if, under such a scheme, money ends up in a bank correspondent account in the name of the debtor, then such funds can also be seized. Payment is possible through the guarantor's accounts under the mortgage agreement. To do this, the bank changes the provisions regarding payment in the loan agreement. Instead of the borrower, the funds will be debited from the guarantor's accounts.

Seizure of a mortgaged apartment

Such facts happen. They can be considered illegal actions on the part of the bailiffs under one condition. If the creditor, in whose favor the collection is carried out with the help of the bailiff service, does not have any advantages over the mortgage bank of the real estate. Currently, the issue of priority between the creditor-mortgagee and young children entitled to alimony is debatable.

The number of apartments owned by the debtor is essential. With the exception of a mortgage on an apartment, if the debtor has no other home, he cannot be evicted, and his only living space cannot be seized.

But if the arrest has taken place, then it can be lifted either by paying off the debt or by filing a lawsuit in court alleging the illegality of the bailiff’s actions.

The arrest of an apartment is carried out by entering the data of enforcement proceedings into the registration documents for real estate. No inventory is required for this. Documents are processed through Rosreestr, after which the residential premises are subject to double encumbrance.

In such a situation, the bank may require its debtor to fulfill his loan repayment obligations ahead of schedule. In case of refusal, the pledged property is put up for auction with the participation of bailiffs, if by this time they have not lifted the arrest. All costs associated with the bidding procedure are paid from the debtor's property.

Criminal proceedings

If debt obligations, although they arose from a criminal process, are satisfied according to the norms of civil law, citizens will receive compensation on a general basis and in accordance with the Civil Code.

In a case where a piece of real estate was obtained fraudulently, its possession is illegal, and the illegal owner mortgaged it to the bank, then the arrest may be lawful regardless of other circumstances of the case.