Dedicated website for court-ordered sales, authorised by the Ministry of Justice

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F.A.Q.


Who can participate in court-ordered sales?

As specified in Article 579 of the Code of Civil Procedure - “Persons Allowed to Participate in Public Auctions” - anyone, with the exception of the DEBTOR, can participate in a court-ordered sale, either directly or through their limited power of attorney.  An attorney or other legal professional is NOT required.

Where can I find the forms needed to participate in an auction?

Forms to participate in the auctions can be downloaded directly from the court’s website, and/or may be picked up from the foreclosure/bankruptcy clerk’s office.

How do I participate in sealed-bid sale?

The bidder can participate in a sealed-bid sale (silent auction) by filing (with the Foreclosure Clerk's Office for the court in question and/or at the court-ordered auctioneer’s
firm) a folio sheet bearing a EUR14.62 tax stamp, the case number, and (if more than one lot is up for bid), the lot you intend to purchase, the bidder’s details, and whether any first-home tax relief will be claimed, along with the bid price. The filing procedure must be completed by the deadline noted in the Order or Notice of Sale. A 10% down payment, payable via NON-transferable cashier’s check must be submitted along with the bid.
The bid shall be void if it is less than the reserve price (Article 568 of the Code of Civil Procedure) or where the bidder fails to submit a 10% down payment.
The bidder must appear at the auction location as identified in the order or notice of sale on the day of the auction.
Should more than one valid bid be submitted, a secondary auction among the bidders, with the highest sealed bid as the starting price, will be called by the enforcement proceeding judge, or by the court-ordered auctioneer. Should no bids be submitted, the judge may decide whether to adjudicate the highest bidder as the winner, or to order a sale by public auction.
Before submitting an offer, all interested parties must review the order or notice of sale, along with the real-estate appraisal report.

What do I need to do to take part in a public auction?

In order to be allowed to participate in a public auction, the bidder must file (with the Foreclosure Clerk’s Office for the court in question and/or through the firm for the court-ordered auctioneer overseeing the sale) an application bearing a EUR 14.62 tax-stamp, the case number, and (if more than one lot is up for bid), the lot you intend to purchase, the bidder’s details, and whether any first-home tax relief will be claimed. The filing procedure must be completed by the deadline noted in the Order or Notice of Sale.
A 10% down payment, payable via NON-transferable cashier’s check must be submitted along with the bid.
The public auction shall take place before the Executor Judge, or before the Court-Appointed Auctioneer.
Bids are void if they do not exceed the starting price, or the previous bid, at the amount specified in the conditions of sale.
Before submitting an offer, all interested parties must review the order or notice of sale, along with the real-estate appraisal report.

What does the expression “To raise a bid by one fifth” mean?

Within ten days following a public-auction sale, it is possible to submit a purchase bid, provided the price offered is at least 1/5 higher than the highest bid at auction. (Article 584 of the Code of Civil Procedure).

What steps do I need to take if I win the auction?

Once the lot is definitively knocked down, the winner must pay the purchase price, plus tax, according to the terms and conditions and by the deadline set forth in the court order of sale.
Should the winning bidder fail to comply with such instructions by the deadline, the court shall issue an order stating that the bidder’s win has lapsed, and shall order the full 10% down payment forfeited as a fine. The court will then launch a new auction procedure. (Article 587, Code of Civil Procedure).

What expenses will I incur other than the winning-bid price?

In addition to the winning-bid price, you only need to pay taxes (VAT or registration duty) less any statutory subsidies (first-home, farmer, and other tax-relief options).
All mortgages and liens will be released once the deed of transfer is issued by the court.
All taxes for such release SHALL BE PAID FROM AUCTION REVENUE, WHEREAS TITLE-TRANSFER AND REGISTRATION FEES SHALL BE PAID BY THE LOT WINNER, unless otherwise specified in the order and notice of sale.
Should a sale take place before a Court-Ordered Auctioneer, that professional shall ensure that the aforementioned releases are paid out of the enforcement proceeding fees.
The sale shall not be subject to any notary-need or brokerage costs, with the exception of the fees for the Court-Appointed Notary in accordance with Ministerial Decree No. 313 (25/5/1999).

How much time to I have to pay the balance on the purchase price?

The winning bidder must pay the purchase price to the clerk’s office - less the down payment - using a court-deposit form, or in the case of a sale before a court-ordered auctioneer, via cashier’s check payable to such professional, to be paid into the professional's escrow account (unless otherwise specified in the order or notice of sale). Such payment must be made within 60 days of the lot being won (unless otherwise specified in the order or notice of sale).
Should the purchase price not be paid by the deadline, the winning bidder 's rights to title in the property conveyed shall lapse. They shall likewise forfeit the down payment, and shall be required to pay the difference between the knock down price of the auction they had originally won, and the knock down price in the subsequent auction.

If I do not win the auction, when will the cashier’s checks be returned to me?

If the auction is not won, any delivered checks will be returned immediately following the close of the auction, unless the bidder has failed to participate in the same (either personally or via limited proxy) absent a documented, justified reason for such failure to appear.

Can I visit the real property before purchasing it?

The law requires the Enforcement Judge to appoint a RECEIVER AD LITEM, in preparation for the sale . In their order, the judge shall specify the terms and conditions in which all interested parties may view the assets in question.
The receiver shall accompany interested persons to the site, on an appointment-only basis.

Can I obtain a mortgage to purchase a foreclosed property?

Yes, you can request a mortgage from any court-approved bank.

What steps do I need to take if the property I win is occupied?

Once the court has issued the order of sale, and no later than the knock down of the lot to the winner, the judge will order an eviction, except where the occupant has a right to object to such procedure (e.g. properly registered lease agreement executed prior to the attachment of the property).
The Receiver will take steps to obtain possession of the premises, which will then be delivered vacant (of all persons and property).

Is the real estate subject to VAT or registration duty? If so, in what way?

Just as in private sales of property, in addition to the purchase price, it is also necessary to pay title-transfer taxes (registration duty or VAT, mortgage and building-registry taxes, tax stamps, and the like). All tax incentives as permitted for private sales (first-home purchase relief, direct-farmer benefits) may be used.

What information can I find on this website?

The main goal of Astalegale.net Spa is to provide all available information regarding properties auctioned via a court-ordered sale.
For this reason, our websites allow users to obtain every detail on an asset available for sale. Users may also view documentation relating to individual proceedings (appraisal reports, blueprints, photos, notices of sale, etc.), as well as obtain general information about the world of public auctions.

What authorisation does Astalegale.net Spa have to post notices of foreclosure auctions?

On 28/10/2009, the websites managed by our company became Ministry-authorised sites, permitted to post information on foreclosure auctions. The Decree may be viewed by following the link on our homepage.

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