E-auction of property
The President signed an amendment to the CCP (Act of 28 May 2021 amending the Act - Code of Civil Procedure and certain other acts (print No. 899), which introduces the possibility of conducting real estate enforcement through e-auction.
The sale of real estate by e-auction will be carried out by a bailiff only at the request of a creditor (request procedure).
An announcement of the e-auction shall be made by the judicial officer on the website of the National Council of Judicial officers at least two weeks before the auction date. The announcement will indicate the property which is the subject of the tender and its conditions. The duration of the auction will be 7 days, and bids can be made on working days between 9 a.m. and 2 p.m. In 2 weeks before the auction, interested parties will be able to view the property and inspect the minutes of its description and assessment in court. The condition of participation in the tender is payment of the deposit - 10% of the property estimate. In the course of the tender the bidders will offer the purchase price via a teleinformatic system. The tender will be won by the bidder whose bid at the end of the tender will be the highest. The judicial officer will inform the bidders that the winner has been selected, and will then send a record of the tender to the court. On that basis the court will issue a decision to award a bid. Once the award has become legally valid and the purchaser has fulfilled the conditions of the auction, the court will issue the decision on awarding ownership.
Author: Bartosz Nowicki - attorney at law, restructuring advisor at LSW Leśnodorski Ślusarek i Wspólnicy.