Best Foreclosure Lawyers in Thivais

About Foreclosure Law in Thivais, Greece

Foreclosure in Greece is the legal process through which a creditor enforces a secured claim against a borrower who has fallen into serious arrears. In practice, this usually takes the form of compulsory enforcement and sale of the property through an electronic auction. In Thivais, as in the rest of Greece, foreclosures are governed by national laws and take place through notaries and judicial bailiffs, with auctions conducted online on the state electronic platform. Both banks and loan servicers, as well as the tax authority and social insurance funds, can initiate enforcement if a debt remains unpaid. Because enforcement follows strict timelines and formalities, acting quickly and with accurate legal advice is critical.

Why You May Need a Lawyer

You may need a lawyer if you have received a payment order or any formal notice of enforcement, because deadlines to object are short and missing them can make later defenses much harder. A lawyer can examine whether the debt is valid and correctly calculated, whether any abusive contract terms or unfair interest have been applied, and whether the creditor followed procedural rules. If your home is at risk, a lawyer can assess available protections for vulnerable debtors and advise on the new Insolvency Code options for debt settlement. Legal help is also important for negotiating a restructuring with a bank or servicer, contesting an appraisal or the auction starting price, filing applications to suspend the auction, handling guarantor and co borrower liability, and navigating cross border issues if you live abroad but own property in Thivais. If the creditor is the tax authority, a lawyer can explain distinct rules and installment schemes. For low income individuals, a lawyer can also help you apply for state legal aid.

Local Laws Overview

Foreclosure procedures in Thivais follow Greek national law. The Greek Code of Civil Procedure sets the framework for enforcement and auctions, including how and when creditors can seize assets, how auctions are scheduled, and how proceeds are distributed. Since reforms adopted in recent years, real estate auctions are conducted electronically and are overseen by notaries. A creditor typically relies on an enforceable title such as a payment order or a notarial deed acknowledging debt. The debtor must be served with the title and further enforcement acts, and has limited time to file objections and request a stay. For mortgage loans, the lender may proceed directly to enforcement once the borrower is in default and all contractual and legal notices have been properly served.

Important modern tools exist alongside enforcement. The Out of Court Debt Settlement mechanism under the Greek Insolvency Code allows individuals and businesses to seek a consensual restructuring with multiple creditors through a state platform, which can lead to payment plans and write offs if accepted. The Insolvency Code also provides for personal insolvency and a second chance discharge under strict conditions. Special protections and subsidies may be available to vulnerable borrowers, including a sale and leaseback framework created by law to allow continued residence with rent support in specific cases. Loans may be managed by licensed servicers under the law on the transfer and servicing of non performing loans, but your rights and defenses against the original lender generally continue to apply against the servicer.

Local implementation in Thivais involves the competent courts for objections and stays, local judicial bailiffs for service and seizures, notaries for conducting the electronic auction, and the Hellenic Cadastre or local Land Registry for registering seizures and transfers. Because enforcement timelines and objection deadlines are short and technical, prompt action is essential.

Frequently Asked Questions

What is the typical foreclosure timeline in Greece?

The creditor first obtains an enforceable title such as a payment order or relies on a notarial deed, serves it on the debtor, and after the objection period can serve a seizure notice for the property. For real estate, the auction is scheduled after a statutory waiting period following the seizure, and it is held electronically. Exact timing depends on the case, but key deadlines for debtor objections are counted in working days and are short, so you should consult a lawyer as soon as you receive any court or notary document.

Can my primary residence be protected?

There is no automatic immunity for a primary residence. However, there are tools that may help, including the Out of Court Debt Settlement platform, personal insolvency procedures with potential discharge, and special measures for vulnerable debtors that may provide subsidy or a sale and leaseback solution to allow continued residence under rent. Eligibility is criteria based and requires timely applications and documentation.

What happens after I receive a payment order?

A payment order is a fast track enforceable title. You generally have a short period to file an opposition and can request a stay of enforcement. If you do not act, the creditor can proceed to seize assets and schedule an auction. A lawyer should evaluate grounds to challenge the order or to negotiate a restructuring before enforcement advances.

Do I have any way to stop or delay an auction?

Yes, but it is time sensitive. You may file objections against enforcement acts and request a stay, challenge the appraisal, or seek relief through the Out of Court Debt Settlement platform or insolvency procedures. Negotiating directly with the creditor or servicer can also lead to a settlement and suspension if an agreement is reached. Each option has specific requirements and deadlines.

How is the auction starting price determined?

The first bid price is based on an appraisal of the property value around the time of seizure. If an auction fails, subsequent auctions may proceed with different pricing according to the procedural rules. You can contest an appraisal if there are valid reasons, but this requires prompt and well supported filings.

What if I am a guarantor and not the owner?

Guarantors are commonly jointly and severally liable. Even if you do not own the mortgaged property, creditors can enforce against your assets if the main borrower defaults. Review the guarantee wording and any defenses with a lawyer and consider participating in any settlement process to cap or restructure exposure.

Will I be evicted immediately after the auction?

After a successful auction and completion of the transfer formalities, the purchaser can seek delivery of possession through enforcement. There is no automatic long grace period, so if you remain in the property you can face eviction. Early action to resolve the debt or secure an arrangement is far more effective than seeking last minute relief.

Do tax debts follow a different process?

Public authorities can enforce tax and social security debts using their own procedures, which can sometimes move quickly and include measures like account seizures. Payment arrangements and installment plans may be available if you apply in time. A lawyer can coordinate solutions across both private and public creditors, including through the Out of Court mechanism.

What documents should I gather for a lawyer?

Collect the loan agreement and any amendments, mortgage or prenotation documents, all notices and service records, the payment order or notarial deed, recent account statements, any communications with the bank or servicer, property title documents and cadastral information, proof of income and expenses, and any documents relevant to vulnerability status. Bringing a full file speeds up assessment and action.

Can I handle this without a lawyer?

You can communicate with creditors and explore settlement on your own, but court objections, stay applications, and procedural challenges are technical and deadline driven. A lawyer who practices enforcement and insolvency law in Greece can protect your rights and increase the chances of a workable solution.

Additional Resources

Special Secretariat for Private Debt Management - the state body that operates the Out of Court Debt Settlement platform and provides guidance on restructuring options for individuals and businesses.

Hellenic Financial Ombudsman - an alternative dispute resolution body that mediates disputes between consumers and banks or loan servicers.

Local Notaries in Thivais and Boeotia - notaries conduct electronic auctions and can provide procedural information about auction scheduling and formalities.

Judicial Bailiffs serving Thivais - officers who serve enforcement documents and carry out seizures and deliveries of possession.

Hellenic Cadastre and local Land Registry offices for Thivais Boeotia - offices that record seizures, mortgages, and transfers of title.

Court of First Instance of Thivais and Magistrate Court of Thivais - the courts that hear enforcement objections and applications for stays, as well as legal aid applications.

Thivais Bar Association - can help you locate lawyers experienced in foreclosure, enforcement, and insolvency law.

State Legal Aid under Law 3226 2004 - a program that may provide free legal representation to qualifying low income individuals in civil cases including enforcement.

Next Steps

Do not ignore any notice. Note the date you received it and keep the envelope, because deadlines are counted from service. Contact a lawyer experienced in Greek enforcement and insolvency immediately, ideally within a few days of service.

Gather all relevant documents including your loan file, notices, property title documents, income proof, and any prior settlement offers. Prepare a short timeline of events and a list of your assets and debts to speed up legal assessment.

Ask your lawyer to review potential defenses, calculate exposure for you and any guarantors, and advise on urgent filings such as objections and stay applications. Discuss whether the Out of Court Debt Settlement mechanism or personal insolvency could fit your situation and whether you qualify as a vulnerable debtor.

Open a channel with your creditor or servicer. A realistic restructuring proposal supported by documents can pause enforcement if accepted. Your lawyer can negotiate terms and ensure any agreement is properly documented.

Monitor the electronic auction schedule and registry entries for your property through your lawyer or notary. If an auction is set, confirm all dates, starting price, and any grounds to challenge the appraisal or scheduling.

If you live abroad or cannot attend to matters personally, grant a Greek law power of attorney to your lawyer so filings and negotiations can proceed without delay.

This guide provides general information and is not legal advice. Because foreclosure law is technical and deadlines are short, obtain advice tailored to your case before you make decisions.