CERTIFICATION OF DOMAIN AND LOADS. REGISTRATION.
The Lawyer of the Administration. Justice (LAJ) will issue an order to the Property Registrar to send a certificate of ownership and charges of the property to be an auction. Said certification will be issued in electronic format.
The Registrar will keep the LAJ and the Electronic Auction Portal informed of the presentation of other titles that affect the information submitted.
The Registrar will communicate the existence of the execution to the holders of rights that appear in subsequent entries the annotation of the seizure by which the auction is carried out.
If the holders of rights registered after the seizure, satisfy before the auction is auctioned, the amount of the credit, interest, and costs, will be subrogated in the rights of the executor.
THE THIRD POSSESSOR.
A third owner is considered to be the one who, before a property is sold or awarded during execution and after its seizure or the beginning of the enforcement procedure,
will pass that property into his or her possession.
Holders will also be third parties who have acquired the usufruct, beneficial ownership,
the bare ownership or direct ownership of the property subject of the auction.
At any time prior to the approval of the auction or the award,
the third holder may release the asset by paying what is owed to the creditor for principal, interest, and costs.
ASSESSMENT OF THE PROPERTY IN THE AUCTION OF REAL ESTATE.
The real estate will go up for auction for the value that results from deducting from its appraisal the amount of all the charges and rights prior to the encumbrance.
This operation will be carried out by the LAJ. This will deduct from the value for which the property has been appraised the total amount of the charges recorded in the Property Registry.
CONTENT OF THE REAL ESTATE AUCTION ANNOUNCEMENT.
The auction announcement will be published in the BOE and will contain:
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The date of the announcement,
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The judicial office before which the procedure is followed,
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Identification number and class and,
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The electronic address of the auction in the Portal.
In the Auction Portal, the edict will be incorporated. This will include the conditions and the properties to be auctioned. Any relevant data and circumstances will also be included, and necessarily the valuation of the property.
It will also be stated that it will be understood that every bidder accepts the existing qualification as sufficient or assumes its nonexistence. Likewise, the consequences of their bids not exceeding the percentages of the auction-rate established in art. 650 LECiv.
REQUIREMENTS TO BID IN THE REAL ESTATE AUCTION.
To take part in the electronic auction, the bidders must consign 5% of the value that has been given to the properties.
During the bidding period, anyone interested may request the Court to inspect the property / s to be auctioned.
When the possessor consents to the inspection of the property and collaborates with the Court to facilitate,
the debtor may request the Court a reduction of the debt of up to 2% of the value for
which the property would have been awarded.
DEVELOPMENT AND TERMINATION OF THE AUCTION.
The auction will admit bids for a period of 20 calendar days from its opening.
The real estate auction will not close until one hour after the last bid was made,
even if this entails extending the initial term for a maximum of 24 hours.
The suspension of the real estate auction for a period exceeding 15 days will entail the return of the consignments. The resumption of the auction will be carried out as if it were a new auction.
On the auction closing date and afterward, the Auction Portal will send the LAJ information on the winning telematic bid.
It will also send the information on the rest of the bids in descending order of amount and date.
In addition, the bidders who make a bid reservation will be identified in case the winner of the auction does not deposit the auction (amount to be paid for the award).
THE AUCTION, PAYMENT, AND AWARD OF THE PROPERTIES.
When the best bid is equal to or greater than 70% of the value for which the property has gone up
for auction, the LAJ will approve the auction in favor of the highest bidder.
The bidder will have to consign, within 40 days, the amount of his bid less than that of the deposit already consigned.
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If it were the executor who made the best bid, equal to or greater than 70% of the value for which the property had gone up,
the auction approved, the LAJ will proceed to liquidate what is owed for principal, interest, and costs. -
If only bids are made higher than 70% of the value for which the property has gone up,
but offering to pay in installments with sufficient bank or mortgage guarantees,
the executor will be informed who, in the following 20 days,
may request the adjudication of the property for 70% of the value for which the property has gone up. -
When the best bid offered in the auction is less than 70% of the value for which the property has gone up, the executor may,
within 10 days, present a third party that improves the bid by offering an amount greater than 70% of the value.
For which the good has gone up or that, even less than said amount, is sufficient to achieve the complete satisfaction of the performer.
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After the previous period, the executor may, within 5 days,
request the adjudication of the property for 70% of the value for which the property has gone up
or for the amount that is owed to him for all concepts,
always that this amount is higher than 60% of the appraisal and the best bid. -
When the executor does not make use of this power,
the auction will be approved in favor of the highest bidder,
provided that the amount exceeds 50% of the value for which the property has gone up or,
being less, covers, at least, the principal, interests,
and costs, for which execution has been dispatched.
If the best position does not meet these requirements, the LAJ, after hearing the parties,
will decide on the approval of the auction in view of the circumstances of the case.
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When it is claimed to constitute the mortgage referred to in nº 12 of art. 107 of the Mortgage Law, the LAJ will issue testimony of the decree approving, even before the price has been paid.
The application will suspend the deadline to pay, which will resume once the testimony has been delivered to the applicant. -
At any time prior to the approval of the auction or the award,
the debtor may release his assets by paying in full what is owed to the executor for principal, interest, and costs. -
Once the auction is approved and the amount missing from the price has been entered,
an award decree will be issued. It will state the consignment of the price and other circumstances necessary for registration.
AUCTION WITHOUT ANY BIDDER.
When there is no bidder at the auction of real estate, the creditor may request, within 20 days, the award of the property:
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If it is not a habitual residence, for 50% of the value for which the property has gone up for auction or for the amount owed to it.
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In the case of a habitual residence, the award will be made for an amount
equal to 70% of the value for which the property has gone up for auction. Likewise, if the amount owed to you for all concepts is less than that percentage, it may be awarded 60%.
When the creditor does not make use of that power, the seizure will be lifted, at the request of the executed.
