WHAT IS THE RECOVERY CLAIM?
If a claim for recovery is made in the foreclosure, it is written to the foreclosure report by the bailiff. If the situation was not learned during the foreclosure, a ration claim should be filed within seven days of learning about the foreclosure. If a claim for rations is made in this way, the situation will be notified to the creditor by the enforcement directorate. If it is not challenged by the creditor within three days, the lien is lifted. It should be noted that the periods in question are of a right-lowering nature.
If the ration claim made by a third party is challenged by the debtor or creditor within a three-day period, the executive director must immediately send the file to the executive court. The executive court evaluates the ration claim on the file before it. In this evaluation, it is examined whether the ration claim is real, sincere and convincing. Another issue that the court is considering is whether the ration claim was made solely for the purpose of preventing the foreclosure from taking place. The period of filing a lawsuit begins with the notification of the decision of the executive court to the third party claiming rations.
