Remuneration for services to the auction organizer on sale of seized property (including costs associated with the organization and conduct of the sale of property) may not exceed 6% of the value of the seized property. This is stated in the changes in the order of realization of seized assets , approved by the Ministry of Justice number 681/5 .
The costs associated with the organization and conduct of the sale of property shall not exceed 5 % of the value of the seized property ( with their respective confirmation ) . Remuneration to the auction organizer after deducting expenses related to the organization and conduct of the sale of property is 1 % but not more than 2,000 non-taxable minimum incomes of citizens for each lot (34 ths.) .
Property arrests occur in the course of a variety of litigation ( from divorce proceedings to property claims ) , but more often on the initiative of creditors. Banks charge a pledge on problem loans : usually flats, land and vehicles . After winning a claim in court , bail defaulter evaluated and put up for auction .
The procedure is simple , but costly : the property is sold by an authorized ( them today two ) at a public auction , after which the bank takes put him under a credit agreement ( the outstanding balance subject to fines and penalties ) . And all that remains after that is returned to the debtor . That is, if the borrower's housing sold for $ 100 thousand, and he owes the bank only $ 20 thousand, after selling apartments in theory it should return $ 80 thousand
In practice, much less returned : from $ 80 thousand were deducted compulsory payments and fabulous Commission authorized companies - Ministry of Justice to order number 681/5 of their size reached 15 % of the value of real estate or cars.
And taking into account the undervaluation of collateral in the sale (according to bankers immediately lose 35% to 50 % of the cost ) and payment of 10% of the executive collection, man could do nothing . Sometimes the situation was even worse : the proceeds from the sale of collateral assets was not enough to repay credit debt to the bank . Then the financial institution began to otsuzhivat a person other his property (it is allowed by law) .
" Moreover, if the executive collection comes to the State Budget of Ukraine , the commission for the sale of collateral was redistributed in favor of private companies , which are specialized trade organizations , - commented on the situation in the Independent Association of Banks. - The market was actually monopolized , as it worked in different periods of only two to four specialized trade organizations defined by Ministry of Justice . " Now this problem is resolved.