TEMPORARY BLOCK OF ENFORCEMENT ON SOME PROPERTIES: PROTECTION FOR THE EXECUTED DEBTOR AND THEIR FAMILY.

The bone of contention is the order for the immediate release of the seized real estate. On this front, those who oppose this order argue that it is illegitimate because the seized properties are inhabited by the debtor and their family. Let’s quickly see what protections are available for the family members of the executed debtor.

When can cohabiting family members remain in the seized property?

The judges clarify that the debtor and family members living with them do not lose possession of the property and its appurtenances until the transfer order is issued, and add that the protection provided is guaranteed to the debtor as well as their family members, but only those living with them. Therefore, the case of family members who occupy the seized property without the debtor residing there is outside the scope of the legal provisions and falls within the general rules of third-party possession that cannot be opposed to the procedure.

Protection is thus temporarily assured for the debtor as well as their family members who cohabit in the seized property.

How long can everyone stay in the property?

This interpretation appears to be in line with the legislative purpose, which, as the judges clarify, is not to overly burden the debtor’s position until the transfer order is issued, without prejudicing the position of the successful bidder or the creditors, whose position would be significantly affected if each of the debtor’s family members could claim the right to continue to occupy a seized property that is not even inhabited by them. (Order of 1 July 2022 of the Court of Mantua)

Do you have a case where family members of the executed debtor need protection? Call us now.

Leonardo Andriulo – Attoreney at law – expert in real estate litigation enforcement