Information on the auction is obtained: date, time, place, deadline for depositing the deposit, deposit for the deposit.
Any person who, at the latest by the date and time established in the sale publication, has deposited as a deposit with the bank and in the specified account, 10% of the starting price of the auction may participate in the auction. In case of not winning the auction, the security deposit is refunded, upon request.
Proof of payment of bail must be provided to the bailiff in order to participate in the auction.
What documents must be presented to the Bailiff at the auction session?
Individuals: Proof of deposit of 10% of the price of the good (processed PO, receipt of receipt / CEC Bank, payment slip, etc.) + Identification data of the person (BI / CI in original and copy) + Written offer to buy of the good + Authentic power of attorney if the potential buyer is represented by another person at the auction session;
Legal entities: Proof of deposit of 10% of the price of the good (processed PO, receipt of receipt / CEC Bank, payment slip, etc.) + Copy of the company registration certificate + Certificate of ascertainment from the Trade Register with the company data and its representatives, showing that the company is in operation and is not in insolvency proceedings + Mandate to participate in the auction, issued by the company + Identification data of the representative of the company participating in the auction + Written offer to buy the property;
How is the price set?
The price at which the auction starts is the one provided in the sale publication.
How is the auction conducted?
The executor will offer for sale the building through three successive calls, at intervals that allow overbidding, and will start from the price mentioned in the sale publication. In case of registering an offer with a higher price, it will start from this price.
What happens after the auction?
The successful bidder will have to pay the price of the real estate within a maximum of 30 days from the date of sale, taking into account the deposit deposited in the price account.
If the successful bidder does not pay the price within the term provided by 30 days, the property will be put up for sale again in the successful bidder’s account, he is obliged to pay the expenses occasioned by the new auction and the possible price difference.
After full payment of the price, the executor, based on the minutes of the auction, will draw up the award act. A copy of the adjudication deed will be handed over to the adjudicator to serve as a title deed and to be registered in the land book.
Through the adjudication act, the property of the real estate auction is transmitted from the debtor to the adjudicator.
From the date of tabulation, the building remains free of any mortgages or other encumbrances.
What happens after the preparation of the award act?
The transfer of ownership of the property takes place.
By adjudicating the building, the adjudicator becomes the owner. From this date, the successful bidder is entitled to fruits and income, owes interest until full payment of the price and bears all the burdens of the property.
By tabulation, the successful bidder acquires the right to dispose of the purchased property, according to the rules of the land book.
From the date of tabulation, the real estate remains free of any mortgages or other tasks regarding the guarantee of the rights of claim, the creditors being able to realize these rights only from the obtained price. If the adjudication price is paid in installments, the charges shall be extinguished upon payment of the last installment.
At the same time, at the request of the successful bidder, he will be put in possession of the real estate awarded by the executor.
If the party obliged to evacuate or hand over a building does not fulfill this obligation within 8 days from the communication of the decision approving the execution, it will be removed by forced execution, and the building will be handed over to the entitled person.
Note: No eviction from residential buildings may be made from 1 December to 1 March of the following year unless the creditor proves that, within the meaning of the provisions of the housing legislation, he and his family have not a suitable home is available or the debtor and his family have another suitable home in which they could move immediately. These provisions do not apply in the case of eviction of persons who abusively occupy, without any title, a home.
Possession of the successful bidder/evacuation of the building.
At the request of the successful bidder, he will be placed in possession of the property awarded by the executor.
If the party obliged to evacuate or hand over a building does not fulfill this obligation within 8 days from the communication of the decision approving the execution, it will be removed by forced execution, and the building will be handed over to the entitled person.
In order to evacuate the building, the bailiff will go on the spot, will summon the debtor to leave the building immediately, and in case of resistance, he will evacuate the debtor from that building together with all the persons occupying the building title opposable to the creditor, with or without the aid of public force, as the case may be, placing the creditor in his rights.
When the debtor is absent or refuses to open the doors, the executor will be accompanied by law enforcement officers or gendarmerie representatives, as appropriate.
Note: No eviction from residential buildings may be made from 1 December to 1 March of the following year unless the creditor proves that, within the meaning of the provisions of the housing legislation, he and his family have not a suitable home is available or the debtor and his family have another suitable home in which they could move immediately. These provisions do not apply in the case of eviction of persons who abusively occupy, without any title, a home.
In which case can the adjudication be suspended/canceled and what happens to the amounts paid by the adjudicator?
The enforcement court may suspend the release or, as the case may be, the distribution of the amounts resulting from the forced pursuit of the awarded property. If the request for suspension is made by the debtor or the acquiring third party, he is obliged to pay the bail under the provisions of art.
If the adjudication deed is annulled, the executor will continue the pursuit from the abolished deed and will request ex officio that the provisional registration made in the land book of the adjudicator’s property right be deleted.
The recorded amounts will be returned to the successful bidder, and his quality of administrator-seizure of the pursued building ceases.
How much does it cost to evacuate the building and how long does it take? What happens if a movable property is found inside the building?
The total costs with the execution expenses cannot be estimated (the estimated cost is up to 2,200 RON for the natural person debtor and 5,200 RON for the legal person debtor, but it is recommended to contact a bailiff); all costs will be charged to the person who caused the eviction (new owner). Also, the time required for evacuation from the building is about 30 days (it is recommended to contact a bailiff).
If the execution concerns a building in which movable goods are found that are not the object of execution and which the debtor does not pick up alone or are seized in another pursuit, the executor will entrust these goods in the
custody of an administrator-seizure, who may be the creditor, at the expense of the debtor. The creditor in respect of whom the goods have been seized shall be notified of this measure.
If the goods left in storage are not seized in favor of another pursuit, the executor will fix the term in which the debtor must pick them up, which cannot be longer than one month.
Note: this measure applies only to goods to which a value can be established, not to those which do not have an estimable value due to their age, visual and moral degradation.
Note: This Guide has the value of an informative report for the elaboration of which the norms in force at the time of its elaboration were taken into account and does not attract any responsibility of its author regarding its content, legislative changes or method of interpretation and application. of the norms that regulate the procedure of forced execution of the buildings, by the courts, other competent authorities, or third parties.
The information and recommendations contained in this Guide are for guidance only and are the result of a reasonable interpretation of the relevant legislation.
At the same time, it does not constitute a guarantee or insurance in the sense of carrying out in the manner presented above, the real estate foreclosure procedure. Although the conclusions of this Guide are based on reasonable interpretations of existing legislation, it does not mean that the document will be recognized as valid and will be implemented in accordance with its terms in any case.
