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DZP - law firm

DZP - law firm

Poznan, Poland

Founded in 1993
50 people in their team
In a complex market environment, comprehensive and effective solutions are essential. Access to information and knowledge bring real benefits only...
Polish
English

About Foreclosure Law in Poznan, Poland

Foreclosure law in Poznan, Poland pertains to the legal process that a lender initiates against a borrower who has defaulted on his or her mortgage obligations. When a borrower is unable to make the mortgage payments within a given timeframe, the lender has the legal right to enforce the sale of the property to recover the outstanding loan amount. The procedures and processes can be intricate, thereby often necessitating professional legal help.

Why You May Need a Lawyer

Engaging a lawyer becomes important when you have defaulted on your mortgage payments and the lender initiates the foreclosure process. A qualified lawyer can guide you on your rights, help negotiate with the lender, and even represent your interests in court. Furthermore, a lawyer can examine if the foreclosure proceedings comply with local laws. They can also orient you about bankruptcy laws which could potentially halt a foreclosure.

Local Laws Overview

In Poznan, Poland, the foreclosure process initiates as a result of a court ruling. To start foreclosure proceedings, the lender must follow the Civil Procedure Code. The lender can apply for an auction of the mortgaged property if the borrower defaults on obligations. It's important to note that the borrower, has the right to bid at the auction and if successful, the debt would be considered paid off. These complexities make the understanding and mastery of local laws imperative and are typically best left to professional legal counsel.

Frequently Asked Questions

Can I stop a foreclosure once it is initiated?

Yes, the foreclosure process can be halted if the borrower pays the due amount in full or reaches a settlement agreement with the lender. It's advisable to seek legal help to understand your options.

Can I still live in my home during the foreclosure process?

Yes, a borrower can continue living in the property until it has been sold at auction or turned over to the lender officially.

What happens after the property is sold?

The proceeds from the sale are used to pay off the outstanding loan. If the sale amount exceeds the debt, the surplus is returned to the borrower. Otherwise, the borrower may still owe the remaining balance to the lender.

Can I buy back my property after foreclosure?

In Poland, there is a legal option to buy back your property at the auction as a way to halt foreclosure.

Can the bank take my other properties?

In general, only the property specified in the mortgage contract can be foreclosed. However, if the sale does not cover the full loan amount, the lender may seek to recover the remaining balance through other legal means.

Additional Resources

You can reach out to the District Court Poznan Nowe Miasto i Wilda in Poznan for initial guidance. Other sources of support can be the local legal aid society, and the Poznan City Bar Association. Free legal advice clinics and attorneys specializing in foreclosure can be of great assistance.

Next Steps

If you are facing a foreclosure, it's important to act immediately. Contact a foreclosure lawyer to understand your rights and explore your legal options. Document all communications with your lender and keep track of your mortgage payments. Regularly review your financial circumstances to prevent future defaults. Remember, staying informed and proactive management of your case can be elemental in keeping your home.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.