June 2024 – Annulment of Seizure on Real Estate of a Total Starting Bid Price of €300,000.00

Decisions No. 55/2024 and 64/2024 of the Single-Member Court of First Instance of Chania have been issued, recognizing the invalidity of the seizures on real estate imposed against a deceased primary debtor of a loan agreement, who has been inherited by our client through a will. The Court’s decision on the objection filed by the latter was based on the fact that “the seizure was imposed against a non-existent person and, as such, since the procedural acts of compulsory execution presuppose the existence of persons, it is null and void.“. The recognition of the nullity of the enforcement acts is not linked to the knowledge of the initiating party regarding the death of the defendant; it occurs even if the initiating party was unaware of the debtor’s death at the time of the seizure. Consequently, following the issuance of the said decision, the auction of the deceased’s real estate, which constitutes the sole active asset of the estate that has been bequeathed to our client, was avoided. Finally, it is noted that, following the submission of our client’s expense list before the Court, the entirety of the actual extrajudicial and judicial expenses incurred for his legal protection was covered, as the initiating party did not proceed with the waiver or lifting of the imposed seizure, despite our client’s relevant notifications and demands until the time of the hearing of his objection.