In the valuation of the assets seized raw respect to the covenants that the parties had reached or achieved (even in the fast track) on the value of the property.
In another case, an expert appraiser in the service of the Administration of Justice. If not possible, be designated between services or technical bodies of the Administration, and failing that from the proposed publicentities or professional associations.
The expert has 1 day for accepting the office, and with 8 days to give the court the valuation, except in exceptional cases.
For the presentation of statements or other conflicting expert reports, affected parties have 5 days.
* The expert assessment is carried out according to market value, not taking into account the liens and encumbrancesaffecting the property.
* The Secretary of the Court, (art.666) may be lots and set the starting price by deducting the value of the expertise the amount of charges and charges.
* In the event that the charges are equal to or exceed the value of the property, the court will lift the embargo. In the same way as when it is likely that the price does not reach even to cover the costs of theauction.
PARTICIPATION IN THE AUCTION
Those wishing to tender to be recorded previously endorsement or present on 30% of the appraised value, except for the performer, who does not need to enter and it is the only one who can give to others the auction.
The only remaining bidders can also make appropriations on behalf of third parties and should register their behalf.
ACT OF AUCTIONThe call must be made through edicts with a minimum of 20 days prior to the date of auction
Enough with the publication of the banns in the courthouse. Longer required to publish in the Official Journal.
Is held in only auction, specifying the value of the property without setting interest rates.
Three auctions are reduced possible provided that the previous legislation.
If the player attends any bidder cannot bid, notwithstanding that it may acquire the goods under the conditions and circumstances provided in Article 671 of the LEC:
* To award good for the entire debt.
* For 50% of the appraised value. To this end, the player has 20 days.
Auction Celebration Events
* At the time of celebration, written bids are submitted in sealedenvelopes.
* At the start of the auction, the envelopes are opened and the Secretary makes public tenders.
* Bidders are identified and declare their knowledge about the conditions of the auction.
* It is possible to offer deferred payments, but with sufficient safeguards.
ACT OF AUCTION
Under the direction and chairmanship of the Secretary, related assets to be auctionedand the auction conditions. Before starting, the bidders should be warned of the consequences of the realization of positions under the percentages provided in Article 670 of the LEC. :
1. If the highest bid equals or exceeds 70% of the value at which the good would come to auction, the court, by order, the same day or next day, adopt the auction for the highest bidder. Within twenty days, therematante be appropriate to the Deposits and Consignments account the difference between the deposit and the total price of the auction.
2. If the performers who were to make the best position less than 70% of the value at which the good would come to auction, approved the auction, we will proceed by the Clerk to the settlement of what is owed for principal, interest and costs and notified thissettlement, the player must record the difference, if any.
3. If only positions shall be made, over 70% of the value at which the good would come to auction, but offering to pay in installments with sufficient guarantees, bank or mortgage, deferred price, the performer will know who, twenty days , request the award of the property for 70% of output value. If the performer fails to do this...