The remedies in foreclosure – How can I defend myself against foreclosure?

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What is foreclosure?

If a debtor does not pay voluntarily, the creditor can obtain the money by foreclosure. Enforcement is the state procedure by which private law claims as well as claims to certain acts or omissions can be enforced against the debtor.

What types of foreclosure are there?

Depending on the claim of the individual creditor, different ways of individual enforcement can be considered:

1. Right to payment of money

If there is a right to payment of money, the creditor can choose between the following enforcement measures:

  • Execution of furniture

As part of the execution of furniture, the bailiff can collect the claim, seize and exploit the debtor’s movable property or collect the asset information.

  • Enforcement of claims

With the help of the execution of claims, the creditor can enforce claims that the debtor has against third parties, for example, labor income or account balances.

  • Execution of real estate

The creditor can forcibly auction the debtor’s real estate or have them placed under compulsory administration.

2. Right to surrender an item (enforcement of surrender)

If there is an obligation to surrender, the bailiff [link internal: foreclosure / the bailiff] removes the matter from the debtor’s possession and hands it over to the creditor.

3. Claim to an action (enforcement of action)

If the debtor is obliged to carry out an act, for example for felling a tree, the creditor may be authorized to carry out the act himself at the expense of the debtor. If only the debtor can carry out the act personally, the debtor can be imprisoned to act by periodic penalty payment or compulsive detention.

4. Right to injunctive relief (injunction)

If the debtor is obliged to refrain from a certain act, such as defamation or contacting, he may be subject to administrative fine or administrative detention in the event of infringement.

In foreclosure law, there are various remedies from which you will know how to stop foreclosure at the last minute.

In the context of the appeal procedure, court costs and lawyer’s fees may apply. If the costs cannot be raised, it is possible to apply for legal aid.

The following is an overview of the most important remedies:

The execution reminder

The enforcement reminder is the remedy for objections to formal defects of foreclosure, i.e. if there are procedural errors and enforcement regulations have not been observed.

This can be the case, for example, if an attachable thing has been seized.

Only objections that concern the conditions and the procedure of foreclosure itself are permitted. Objections to the creditor’s claim are not to be taken into account in the enforcement procedure.

The enforcement reminder can be filed in writing or by the minutes of the office of the court and is not subject to a deadline. The enforcement court is responsible for the decision. This is the district court in whose district the foreclosure is to take place or has taken place. The enforcement court decides by order.

The immediate complaint

The immediate appeal is possible against decisions of the enforcement court. It must be filed in writing or by minutes of the office of the court within a period of two weeks from notification of the decision to the enforcement court or the district court. The deadline is not extendable. A lawyer does not have to be commissioned.

The district court decides by decision on the immediate appeal and the costs of the appeal procedure.

More information on https://lendingbeeinc.com/southern-california-hard-money-lenders.

The enforcement defense lawsuit

With the enforcement defense action, the debtor can assert objections to the titled claim. For example, the debtor can object that he has already settled the claim, that the claim has become statute-barred, deferred, waived or expired by offsetting.

However, only objections to an enforceable judgment can be raised that only arose after the end of the hearing and could not have been raised before the issuance of the enforcement order.

The procedural court at which the enforcement order was issued is responsible for the enforcement defense action. If the district court is responsible for the action, it must be brought by a lawyer.

 

 

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