September 2023
The Opposition against First Offer Price in the Auction Procedure
Decision No. 1515/2024 of the Single-Member Court of First Instance of Corfu has been published, which accepted our client's opposition and annulled the auction of his property. The Court accepted our arguments regarding the invalidity of the conducted auction due to failure to serve the seizure report extract to a mortgage prenotation creditor.
Specifically, the law stipulates that the seizure report extract must be served within 20 days from the imposition of the seizure to the mortgage and prenotation creditors of the debtor. The auction cannot proceed without complying with the above provision; otherwise, it is invalid.
In this case, from the submitted documents, it was proven that the service made to our client's mortgage creditor was invalid, as they (the prenotation creditor) had already deceased at the time of service. No legal service was made to their legal heirs. In view of the above, the Court ruled that the contested auction, the drafted Award Report, and its Summary were subject to annulment.
According to the commented decision: '[...] Based on what was presented, in the case of complete absence or late service of the seizure report extract to the third-party owner or the mortgage creditor, the auction is invalid regardless of the invocation and proof of procedural damage (Article 159 No. 1 Civil Procedure Code) and the opposition under Article 933 Civil Procedure Code shall be exercised within the deadline of Article 934 par. 1b Civil Procedure Code.
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