Protection of bona fide purchasers of real estate

Our clients - a young family with a young child got a mortgage a house and plot of land. Initially, the property was purchased in-law, who soon sold it to a young couple.

Later, however, it turned out that the seller site - individual entrepreneur debtor appeared on a number of enforcement proceedings. One of the claimants (the amount of debt of more than 2.5 million rubles) judicially immovable property has been repeatedly arrested for the purpose of foreclosure and debt repayment. Subsequently, the bailiff on the treatment of the debtor's arrest was canceled and the purchase of real estate at the time of our clients in the USRR missing information on the prohibition to alienate property. However, after the registration of transfer of ownership bailiff decree abolishing arrest was challenged and invalidated by the collector.

The claimant filed a claim for recognition of the purchase and sale of real estate paltry return of property to an individual entrepreneur, basing their claims that the judicial seizure of assets restored, which means that despite the lack of data in the USRR encumbrance at the time of purchase, the individual entrepreneur had no right to alienate the property, therefore, the initial and subsequent transactions are invalid, should be applied bilateral restitution (later changed claimant demands and insisted only on the return of the property without compensation of customer funds). The trial court granted the plaintiff's claims, applied bilateral restitution, while recognizing customer bona fide purchasers.

Yurbureau LLC specialists managed to defend the interests of clients at the appellate court. Trial court's decision was reversed. Legal position was based on the principle of the reliability of information USRR, protection of the rights of non-satisfaction of the claim by the claimant to bona fide purchasers. In addition, the adopted decision were violated rights of a minor child, and was not investigated the question of whether the family of a habitable

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