F.A.Q.

The judicial auction is a legal activity with which the forced sale of one or more assets owned by a natural or legal person burdened by outstanding debts is available. The objective of the auction is to obtain a liquidity that is able to satisfy, in whole or in part, the creditors who have proceeded or intervened in the process.

Any natural or legal person, with the exception of the debtor, can participate in the auction by offering a sum of money to win the ownership of the good put up for sale.

All information relating to the good for sale can be acquired through the specialized portale giustizia.it/pvp/ at least forty-five days before the deadline for the submission of offers.

The modalities of participation in an auction are different in relation to the Tribunal concerned and the type of sale. For this reason, before participating in the auction, it is important to carefully read the official documents of the sale (sales order, notice, appraisal) and consult any other document that the judge has to publish (eg photos, floor plans, films, virtual 360 ° tour).

The official documentation of the sale is also available at the Court Registry, together with the participation form.

Before presenting your offer, you can contact the Judge Keeper appointed by the Judge to book the visit of the property for sale.

To participate in the sale, it is necessary to present, within the established deadline, a suitable request for an irrevocable purchase offer (based on the type of sale), together with the security deposit and the required documents indicated in the sales notice.

The judicial real estate auction, in the executive or bankruptcy process, realizes the sale of a property owned by the natural or legal person, the executor, who suffers the expropriation of the property due to an outstanding debt to the creditor. Therefore, a property goes to auction when we are in the presence of a creditor who, having an executive title, such as a loan, is addressed to the Court which, in the GE people, sends to the debtor a precept with which gives the debtor a last chance to meet his debts. If the debtor, in the period of time allowed to do so, does not comply with what was ordered by the Judge, the real executive action is initiated.

When the debtor to whom the precept has been sent does not proceed with the payment of the outstanding amounts owed to the creditor, the attachment of the property begins. The debtor will maintain the ownership of the property subject to seizure (and the right to inhabit them) until the issuance of the transfer decree.

The debtor can rent the attached property only if authorized by the execution judge.

Instead, it may sell the property privately up to twenty days before the auction without enchantment, thus avoiding the continuation of the executive proceedings and succeeding in extinguishing the debt towards the creditor.

In order to visit the property, it is necessary to contact the "Judicial Custodian".

As indicated in the Code of Civil Procedure, art. 579 - "Persons Allowed to the Incantants" - all, except the DEBTOR, can participate in judicial sales, either personally or through a special attorney.

The forms for participation in sales can be downloaded directly from the websites of the Courts and / or available directly from the chancelleries of real estate executions / bankruptcies.

The bidder to be able to participate in a sale without enchantment must deposit (in the Registry of Real Estate Executions of the Court of reference or the study of the Sales Professional) within the terms indicated in the Ordinance or in the Notice of Sale, offer on a sheet with a revenue stamp of 16.00 Euros with indication of the no. of the procedure and, in the case of several lots, of the lot to be purchased, of the generality of the bidder, if he intends to make use of the tax benefits for the first house and the price he intends to offer. Together with the application, the interested party must deposit, by way of guarantee, a non-transferable check for an amount equal to 10% of the offered price.

The offer is not effective if it is lower than the determined price (Article 568 of the Italian Civil Code) and if the offeror does not provide a security not less than one tenth of the price proposed by him.

The bidder is required to appear on the day of the competition at the place indicated in the order or in the notice of sale.

In the case of several valid offers, the tender judge or the Delegate will call on the bidders to bid for the highest bid price as the starting price. In case of lack of offers, the Judge can decide whether to arrange the award in favor of the highest bidder or to order the sale by auction.

Before making offers, it is necessary to consult the order or the notice of sale and the appraisal estimate of the property.

In order to participate in a sale with enchantment, the bidder must deposit (in the Registry of Real Estate Executions of the Court of reference or the study of the Sales Professional) within the terms indicated in the Ordinance or in the Notice of Sale. a sheet with a revenue stamp of 16.00 Euros with indication of the no. of the procedure and, in the case of several lots, of the lot to be purchased, of the generality of the bidder, if he intends to make use of the tax breaks for the first house.

Together with the application, the interested party must deposit, by way of guarantee, a non-transferable check for an amount equal to 10% of the base sale price.

The spell takes place in front of the Execution Judge or the Sales Professional.

Offers are not effective if they do not exceed the base price or the previous offer to the extent indicated in the conditions of sale.

Before making offers, it is necessary to consult the order or the notice of sale and the appraisal estimate of the property.

Following the sale by auction, it is possible to make bids, within ten days, provided that the price offered exceeds one fifth the one reached during the auction. (Article 584 of the Italian Civil Code).

In the event of definitive awarding, the successful bidder must pay the price over the term and in the manner established by the order of sale.

In the event of non-fulfillment of the contractor within the prescribed period, the Judge decides the expiry of the contractor and the loss of the entire bond (10%) as a fine and then has a new auction (Article 587 of the Italian Civil Code)

In addition to the hammer price, only tax burdens (VAT or registration tax) are paid with the benefits of law (first house, farmer, etc.).

Of all the mortgages and foreclosures the cancellation is ordered through the transfer decree issued by the Court.

The cancellation fees are charged to the auction proceeds, the transfer and transcription fees charged to the winner, unless otherwise indicated in the order and notice of sale.

In case of sale before the Professional delegate, the same will directly provide for the aforementioned cancellations at the expense of the executive procedure.

The sale is not burdened by notarial deed or brokerage charges, except for the fees paid to the Notary Delegate as well as by D.M. No. 313 of 25/05/1999.

The successful bidder, within 60 days from the award (unless otherwise specified in the order and notice of sale), will have to pay the purchase price in the Chancellery, deducting the deposit, in the form of a legal deposit or, in the case of a delegated sale to the trader, by means of a banker's check made out to the professional to be deposited in the study of the same (unless otherwise indicated in the order and notice of sale).

In case of non-payment of the price within the set deadline, the successful bidder will be declared forfeited from the right to obtain the transfer of the property, will lose the deposit paid and will be required to pay the difference between the auctioning price of the auction that of the sale of the next enchantment.

In the event of a negative outcome, the deposited checks are returned immediately after the closing of the auction, unless the offerer has not omitted to participate in the same, either personally or by special attorney, personally or by special attorney, without documented and justified reason.

The law establishes that the judge of the execution, in anticipation of the sale, appoint a judicial custodian and establish in his ordinance the modalities with which the interested ones in the purchase can view the same goods.

The caretaker, by appointment, accompanies the interested parties on site.

A "Convention for the provision of loans to contractors" has been defined between the Italian Banking Association and the Courts, by virtue of which the signing of the mortgage loan with the concession of the mortgage takes place simultaneously with the transfer decree. The "agreed" mortgage facilitates participation in the judicial auctions of all those who do not immediately have the necessary liquidity ".

The list of banks participating in the agreement is published on the website www.abi.it/Pagine/Normativa/Affari-Legali/Procedure-esecutive-Aste-immobiliari.aspx.

You can also contact other banks to request information about it.

The Judge, issued the order of sale and not later than the award, orders the release of the property, excluding the case in which the property is occupied with a title opposable to the procedure (for example a rental contract regularly registered with date before the attachment).

The Custodian will activate to vacate the property that will be delivered free from people and things.

As for the normal real estate sales, in addition to the hammer price, you will have to pay the taxes on the transfer (registration tax or VAT, mortgage and cadastral tax, stamps); You can take advantage of all tax breaks also provided for private sales (first home benefits, direct farmers benefits, etc. ..).

This portal includes the most relevant real estate judicial auctions on the national territory, with the relative references in order to participate also with the assistance of Auction Italia Investments. The services offered by the same are available in the "Services" section of this portal.