Purchase of debt from individuals and legal entities. Buying a property with debts

Modern realities are difficult to imagine without loans - it is believed that this is the easiest and fastest way to get what you want. Therefore, it often happens that borrowers, both private and legal entities, are not able to fulfill their financial obligations to creditors. In particularly hopeless cases, the last thing left is to sell the debt.

Purchase and sale of debt

Sale of debt is the same contract of sale, or a civil transaction in the form of a gift, because this process can be both monetary and non-remunerative. As a result of such an agreement on specific terms of the contract, one creditor is replaced by another. In other words, buying a debt is an assignment of creditor rights.

When selling debt, it is worth remembering that no one except the court has the right to force the debtor to fulfill its financial obligations to the creditor. However, the refusal of the person to repay its debts is due to the fact that under Art. 69 ФЗ № 229 bailiffs are authorized to sell the property of the debtor for the sake of covering its debt obligations.

However, in some cases, the bailiffs do not have enough authority to allow them to take the debtor so seriously. That is why the creditor does not have anything else to do except to sell the debt. Russian laws do not prohibit the sale-purchase of a debt, if the presence of the latter is confirmed by the court. The agreement on the assignment of creditor rights is concluded at any time, up to the full repayment of the debt. At the same time, the debtor's consent to such a transaction is not necessary - it is enough that the loan agreement has a clause on the assumption of transfer of creditor's rights.

Purchase of debt on the writ of execution

You can sell the debt to any third party, physical or legal, - a collection agency, an individual citizen. Before this, the creditor must take the writ of execution in court and send it to the bailiffs' service, and also write an appropriate application. Based on this, the FSSP opens the enforcement process for exactly 7 days. Only after this it is possible to conclude a cession agreement with the collectors. Then it is necessary to transfer this contract to the bailiff - so that the official is aware of the assignment of the creditor's rights.

However, the bailiff may close the enforcement proceedings if the debtor is hiding or his financial situation is extremely difficult. In this case, the writ of execution is returned to the recoverer again. The lender then has the right for three years to write off the debt and re-apply for the commencement of enforcement proceedings. In this case, it is also possible to assign their rights to a collection agency.

Collection agency and debt purchase

The main buyers of debts are collector agencies. Sellers and debt buyers meet mainly on the thematic sites on the Web. The amount of debt purchase depends on many factors - the amount of the loan, the availability of the writ of execution, the time of delay, the financial solvency of the borrower, etc.

In most cases, the creditor receives from the agency no more than 35% of the loan amount (interest is not included here). The presence of the writ of execution in a number of cases makes it possible to raise this amount to 50%.

Purchase of indebtedness of individuals

The main sellers of private debts for today are banks. They expose the debt to a special auction, where professional buyers, having analyzed the characteristics of the debt (the debtor's solvency, the time of delay, the possibility of communication), decide to purchase this debt. As a rule, they plan to borrow from the borrower an amount that is two, or even more, than the cost of their purchase.

I must say that the purchase of individuals' debts does not have a legal basis. Therefore, the borrower is not prohibited from impeding this process. In practice, the debtor can even "bargain" with the collectors (of course, not all borrowers have enough for this patience and necessary knowledge). To pay money to the agency is eligible only upon concluding an appropriate agreement. The signatures in the contract are best placed in court.

Purchase and sale of corporate debt

Purchase of debt obligations is regulated by Art. 382-386 of the Civil Code. The purchase of legal entities' debts is the acquisition, in fact, of the most hopeless overdue obligations. That is why the collectors acquire such debts for no more than 10-15% of the original loan amount. The Civil Code of the Russian Federation obliges purchasers to notify the debtor in writing about the assignment of the creditor's rights without fail. If the requirements of the collectors are illegal, the borrower is entitled to refuse to cooperate with them.

Often, legal debtors benefit from buying a debt - collectors in a number of cases ask to pay only half of it. But at the same time, it is advantageous for a certain agent to "shake out" as much of the borrower as possible, It is on this depends on the size of its commission.

Acquisition of an apartment with debts

Finally, let us touch upon such an unpleasant moment as the purchase of an apartment with debts on utility bills. We note at once that the management company does not have the right to demand their repayment from the new owner, except for contributions for major repairs (LC RF Article 153, paragraph 2, item 5). If, on your behalf, a court order has come to collect the debts of the old owner, then it is necessary to write an objection as quickly as possible to the addressee court, enclosing copies of the contract of sale and documents about your ownership.

To protect yourself from this situation, before buying, you must take the following:

• Personally inquire about the presence of seller's debts in the office of the HOA or CC.
• Scan the list of debtors on the site of the Criminal Code or the municipal services of your city.
• Learn the necessary information from the concierge.
• Ask the seller to provide information about the lack of communal debts.

The purchase of debt is a common and permitted phenomenon in our country. Today, the acquisition of debt by both physical and legal borrowers is practiced. The main purchasers are collector agencies.