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Free Guide to Hiring a Real Estate Lawyer
In Poland, a lender generally enforces a mortgage through court-supervised execution against real estate. A mortgage does not, by itself, transfer ownership to the lender.
For a property in Suwałki, the case follows national law, with territorial jurisdiction determined by the property’s location. The process may involve a court enforcement title, a court bailiff, an entry in the land and mortgage register, a valuation, and a public auction.
At the first auction, the starting price is generally three-quarters of the estimated value; at a second auction, it is generally two-thirds. The proceeds are distributed under statutory rules, which take account of secured claims and other relevant debts.
Code of Civil Procedure (Kodeks postępowania cywilnego), enacted on 17 November 1964 and in force from 1 January 1965, sets out the rules for court enforcement, including execution against real estate and public auctions.
Act on Land and Mortgage Registers and Mortgage (Ustawa o księgach wieczystych i hipotece), enacted on 6 July 1982 and in force from 1 January 1983, governs mortgage rights and land and mortgage registers. The register can show who owns the property and what mortgages or other entries affect it.
Banking Law (Prawo bankowe), enacted on 29 August 1997 and in force from 1 January 1998, regulates banking activity and relevant lender-borrower matters. Enforcement still requires the legally prescribed enforcement basis; a bank cannot simply take ownership of a mortgaged home because payments are overdue.
No. A creditor must follow the applicable legal and enforcement procedures before a property can be auctioned. Contact a lawyer promptly if you receive formal notices, because deadlines may apply.
Mortgage enforcement normally proceeds through court-supervised execution and a public sale, rather than an automatic transfer to the bank. Any proposed voluntary transfer or settlement should be reviewed before signing.
Territorial jurisdiction for execution against real estate is generally tied to where the property is located. The competent court and bailiff depend on the property’s precise location and the procedural step involved.
There is no single timetable. The time required can depend on service of documents, valuation disputes, court scheduling, challenges, and whether an auction attracts a successful bidder.
In some circumstances, a party can file a complaint against a bailiff’s action under the Code of Civil Procedure. The usual deadline is one week, but the starting point depends on the type of action and how it was communicated.
There may be procedural ways to raise objections to a valuation, but the available route and deadline depend on the documents and stage of enforcement. Have the valuation and notices reviewed as soon as they arrive.
At a first auction, the starting price is generally three-quarters of the estimated value. If a second auction is held, it is generally two-thirds; exceptions or case-specific issues should be checked against the auction documents.
A bidder generally must provide a security deposit, commonly set at one-tenth of the estimated value, subject to statutory rules and exceptions. The auction notice states the applicable amount and payment arrangements.
You can ask the creditor about repayment, restructuring, or settlement, but negotiations alone do not automatically pause enforcement. Get confirmation of any agreed suspension or withdrawal in a form that can be relied on.
Legal fees are not set at one standard price for every case. Ask for a written estimate that explains the work covered, likely additional costs, and whether court or enforcement expenses are separate.
Free legal assistance is available through official assistance points for people who meet the applicable conditions, including people unable to bear the cost of paid legal help. Ask the City of Suwałki or the relevant county office how to book and what declaration is required.
Confirm that the lawyer is a Polish advocate (adwokat) or legal adviser (radca prawny) and is authorised to practise. Ask about experience with execution against real estate, the proposed strategy, deadlines, communication, and the fee in writing.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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