The law defines the features of the sale of property through electronic auctions.
In particular, it is provided that the seized property (except for the property withdrawn from civil circulation, limited turnover and the property specified in part eight of Article 56 of this Law) is sold:
- at electronic auctions (the procedure will be determined by the Ministry of Justice),
- or at a fixed price - applies to property whose estimated value does not exceed 30 minimum wages. Does not apply to immovable property, vehicles, aircraft, sea and river vessels, regardless of the value of such property.
The organizer of the electronic auction within three days from the date of formation of the results of the electronic auction protocol sends the relevant protocol to the state executor, private executor, as well as other documents confirming the sale of the mortgage in accordance with this Law.
If the property is not sold at the third electronic auction, the executor notifies the collector and offers him to resolve the issue of leaving unrealized property, except for property confiscated by court decision.
The property is transferred to the collector at the price of the third electronic auction or at a fixed price. The executor shall issue a resolution on the transfer of property to the debt collector to repay the debt. Upon the fact of such transfer, the executor draws up an act. The resolution and the act are the bases for the further registration by the collector of the property right to such property.
The sale of mortgaged agricultural land plots during the foreclosure on the subject of the mortgage is carried out at an electronic auction. Buyers of agricultural land may be persons defined by the Land Code.
The debtor has the right to fulfill the claim on the main obligation or the part of it overdue before the day of sale of the subject of the mortgage at the electronic auction, together with reimbursement of any costs and losses caused to the mortgagee, including:
court costs;
expenses for payment of remuneration to involved experts (appraisers, lawyers);
costs of preparation for the electronic auction, etc.
Such execution is the basis for termination of sale of the subject of the mortgage at the electronic auction. The terms of the agreements restricting this right of the debtor are invalid.
Source:pravo.ua