Covid-19 and suspension of property foreclosures: courts in no particular order


As for auxiliaries, it should be noted that the suspension must also concern their activity unless expressly referred to by the judicial custodian who may have already been appointed. Finally, the resumption is not necessary, it is specified, for the reactivation of the procedure, to be considered automatic from 31 October 2020.

The note of the Court of Nola, in the metropolitan city of Naples, is addressed directly to the judge’s auxiliaries, believing that all terms and activities falling under the organs of the Court must be considered suspended for the time indicated by law. procedure (Execution judge and auxiliaries) preceding the award of the attached property.

The auxiliaries of the execution judge, whether they are custodians, expert appraisers or delegated professionals, are therefore asked to stop their activity and promptly report to the execution judge, with a specific report, the finding of two circumstances: that the distrained property is habitual residence and is also inhabited by the executive debtor and his family unit both at the time of the attachment and on the date of April 30, 2020; and that the foreclosed property has not yet been awarded.

The Court of Turin addresses the auxiliaries, the Bar and accountants. In the case of sales, it should be noted that the delegated professionals must not re-fix any sale, in any way, before the Judge deposits the authorization or suspension of judgment in the electronic file.

As for the transfer decrees, it is specified that the procedures go ahead if they do not concern the main house; if, on the other hand, this is the foreclosed asset, a distinction will be made between the hypothesis in which the price has not yet been paid, since this term must also be considered to be part of the suspension until 30.10.2020; if, on the other hand, the successful tenderer has already paid the price or intends to pay it, even during the suspension period, the delegate will in any case prepare the draft of the transfer decree and send it to the Judge for his / her decisions.

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