The Way to Avoid the Sequestration
You've reached the dead end of pay by installments for house and composition cannot help you, creditor want to take possession of your property to auction and this case is being proceeding in the court. The question is, "Are there any exit to maintain the ownership of the house?” The answer is, "Sure, but it might be successful or not depending to the case".
We’ve already talked aboutThe Composition to Keep the House that is the way to slow down the prosecution, continue paying the debt in fewer amounts and preserve the ownership of house. However, on the case that is the next step of composition, home owner as debtor does not or cannot pay a debt until the court decides to sequestrate. If you’ve reached this point, you are left the less than way.
Generally, if we talk about debt, we must note that there are two forms of debt – legal debt and illegal debt. The debt to the financial institution or mortgage with a written agreement is a legal debt. So, creditors are entitled to request the court to sequestrate.
Although creditors can ask for authority from the court to sequestrate, they cannot come with officer, knock the door and take possession of the house immediately. By laws, there are several other considerations following.
Who is the owner of property? If debtor is the owner, the property is able to be sequestrated. However, there are many cases that debtor name and owner name are different such as the name of the property owner is a husband, wife, parents, etc. This type of sequestration will have specific limitation depending on the case.
Spouse name: If it is marriage property that debtors and their spouse have bought it together, it can be sequestrated. On the other hand, if it is a personal property, it will be personal possession besides the decision from the court and officer form Legal Execution Department won’t take the possession of it.
The beloved person that living together without a marriage certificate: Same as the case of spouse name.
Another creditor: This is the case that the property is mortgaged to other. Creditors as a plaintiff tend to be disadvantageous because they must file a motion to the court for pay all mortgage debt to the creditor mortgage called “Preferential debt”. When the court allows selling it out by auction, the money must be paid back to creditor mortgage as primary creditor and the remaining will be given to a plaintiff. However, the chance that money isn't remaining may be possibly
Type of land
Inheritance land: If there is evidence and able to proof that this land is debtor’s estate, LED officer will confiscate it.
Co-ownership land: If the land isn’t separated clearly, LED officer will do a legal action that is seize all of the land and cannot divide to parts. In this case, the officer will keep the half of money from the sale to give to another one. On the other hand, if the land is separated clearly, the officer will seize only the debtor’s part to auction and give money from the sale to creditor. If the court does not order the average money, all of the money will be given to creditor.
After the court gave an order that allow creditor seize the property and creditor come to the house with officers, debtor must not hamper the operation such as lock the door because officers have the legal right to destroy obstacles such as chain, lock, or key without guilt
Although the sequestration is happen rarely, debtor should not be relaxed. First step is going to the court and explain about it because if you don’t go to the court in the day that the court has fixed, the court will gave the judgment for the creditor. On the other hand, if you go to the court and explain with evidence which you have paid the debt according to the contract or proof that creditor lie the court, you can recriminate the creditor until you win a lawsuit.
It can be seen that the debt be resolved by discussing and expressing a willingness to make amends instead of missing without responsibility. If you follow legal procedures, sequestration is not a simple thing that to be made within 3 days or 7 days.
Discussion
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