uabb domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/sites/lawfirmbackup_200125/wordpress/wp-includes/functions.php on line 6131What do you do if you find out that foreclosure was imposed on your most valuable property \u2013 an apartment or house that you own? This is a very legally complex situation and, to properly deal with real estate foreclosure, it is very important to understand what legal solutions are available to you by law. A lawyer from our firm specializing in execution law and civil law explains about this here in detail.<\/p>\n
Our law firm, which has branches in Jerusalem and Tel Aviv, specializes in bankruptcy and execution law, as well as various branches of civil law. Our firm provides comprehensive legal assistance to individuals and businesses on issues such as representation of debtors before the courts and execution officials, requests for cancelling foreclosure, and requests to have one asset foreclosed in place of another. Imagine the following painful situation: One morning you discover that your home is no longer in your control. Because of debts that you have accumulated, your creditors<\/a> caused the control of the house to be taken away from you for a certain or unknown period of time. Actually, this is not an imaginary situation. It is exactly what happens when your home is foreclosed. There are several legal ways to cause foreclosure of an asset. Each of them has different rules, which are important to understand when preparing to deal with this difficult cumbersome situation.<\/p>\n Aside from the fact that there are several legal ways to impose foreclosure, there are a number of entities that are entitled to request foreclosure. Foreclosure may result from a debt to an individual creditor, a corporate creditor, or State authorities (municipalities, tax authorities, government ministries, etc.). In the case of a debt to State authorities, it is important to know that the authorities are subject to special rules that allow them to impose foreclosure directly, and these rules are expanded upon below.<\/p>\n The most important thing that you need to understand when your apartment faces foreclosure is what type of foreclosure was imposed. There are actually three main types of foreclosure: The first type is temporary foreclosure imposed by the court. The second type is foreclosure by the Writ of Execution in place of an unpaid debt. The third is a foreclosure by the municipality or one of the State authorities. Each of these types of foreclosure has different characteristics and purposes. The courses of action for cancelling each type of foreclosure are different, depending on the case. Therefore, it is important to understand the differences between the different types of foreclosure.<\/p>\n The court may impose foreclosure of an apartment in civil lawsuits, in accordance with the Civil Procedure Regulations<\/a>. This is usually done in financial claims. The foreclosure in these cases is usually intended to ensure that the defendant receives compensation upon completion of the proceedings. Hence, it is not intended to be a punitive measure, but a kind of “insurance” for the plaintiff’s money. It is also important to know that the person or entity requesting the foreclosure is required to notify the Land Registrar of the apartment foreclosure.<\/p>\n A possible way to cancel the foreclosure in these cases is to try to reach an understanding with the plaintiff under a partial or full settlement agreement, in a manner that will lead to the cancellation of the foreclosure. If this is not possible or relevant, there is another procedure that allows the defendant to go to court and request the foreclosure to be cancelled. Alternatively, it is possible to request foreclosure of another asset in place of the apartment. This procedure is explained in detail in another article<\/a> published on our website.<\/p>\n In writ of execution proceedings, the Execution Office registrar is entitled to order that debtors\u2019 assets, including an apartment, be foreclosed. Here, too, the purpose of the foreclosure is usually to ensure repayment of the debt to the claimant (referred to in writ of execution proceedings as the “winner”). However, unlike temporary foreclosure imposed by the court, here the apartment may be sold in an auction to repay the debt.<\/p>\n There are several ways to deal with foreclosure of an apartment by the Writ of Execution. First, here, too, you may try to reach an agreement with the other party and spread out the payments in a way that will allow you to repay the debt without having your property foreclosed. Another option is to request cancellation or delay of the proceedings and restrictions imposed on you as a debtor by the Writ of Execution. This request is submitted to the Execution Office registrar. If the request is denied, the registrar’s decision may be appealed to the court. There is also a third option that may be relevant: Foreclosure of an apartment usually results from particularly high debts, a situation that may justify considering the initiation of bankruptcy proceedings<\/a>.<\/p>\n In some cases of debts to State authorities (such as the tax authority, municipalities, and local authorities) due to taxes, fees, or arnona (property tax), authority officials are authorized to impose foreclose on the debtor\u2019s apartment, usually under the Tax Ordinance\u00a0(Debt Collection)<\/a> or the Municipal Corporations Ordinance<\/a>. Although this type of foreclosure is similar to a temporary foreclosure imposed by the court (in the sense that it is intended to incentivize the debtors to repay the debt), in this case it is not imposed by a judicial body. This may lead to various errors that justify annulment of the foreclosure. For example, after a long period of time during which the debt was not returned, it may no longer be legally possible to impose foreclosure.<\/p>\n
<\/span><\/p>\nApartment Foreclosure – It Can Happen to Anyone<\/h4>\n
Who Is Entitled to Impose Foreclosure On an Apartment?<\/h4>\n
What Can You Do If Your Apartment Is About to Be Foreclosed?<\/h4>\n
Foreclosure by Court Order<\/h4>\n
Foreclosure by the Writ of Execution<\/h4>\n
Foreclosure by the Authorities in Administrative Debt-Collection Proceedings<\/h4>\n