July 2023

Decision of the Lamia Single-Member Court of First Instance on the Annulment of the Foreclosure Report

The decision of the Lamia Single Judge Court of First Instance No. 237/2023 was published, which annulled the foreclosure report, under which an auction of the debtor's property was scheduled. 

Two of the pleas in law raised by the applicant, both relating to procedural defects in the seizure procedure, were upheld. As we have stated in our relevant articles, both the procedure for issuing a payment order and the procedure for enforcement are strictly formal procedures, in order to safeguard in every case the interests and rights of the debtor, who is the weak party in those procedures. 

Particular mention should be made of the second of the pleas in law upheld, where the court held that the foreclosure report should be annulled because it was not proved that it was served within five days of the imposition of the seizure on the competent land registry. In accordance with the provision of Article 995(5)(a) of the Civil Procedure Code: "Under penalty of nullity, a copy of the foreclosure report shall be served on the mortgagee (land registry) of the district where the seized property is located within five (5) days of the foreclosure". In the present case, therefore, the opposing management company did not produce before the Court a report of service showing that the foreclosure report was in fact served on the competent land registry and, consequently, the relevant ground of our appeal on the ground of lack of such service was upheld.

(for more see here)