Enforcement against immovable property

Enforcement against immovable property is the procedure through which the creditor's monetary claims are satisfied by selling the debtor's attachable immovable property.

Authorisation and demand for payment — Arts. 666 and 820, Romanian Code of Civil Procedure

After authorisation, the officer serves the procedural documents and demand for payment. The debtor is required to pay the entire debt, interest and enforcement costs within 15 days of receipt of the demand.

Identification, publicity and valuation — Art. 813 onwards, Romanian Code of Civil Procedure

The property's legal position and registered rights are checked. Enforcement is noted in the land register, and the property's value is determined under procedural rules, with an expert where needed.

Auction sale — Art. 835 onwards, Romanian Code of Civil Procedure

The officer sets the date, prepares the sale notice and completes publicity formalities. Participation, security, bidding and adjudication follow statutory conditions.

Adjudication deed — Art. 854, Romanian Code of Civil Procedure

After the statutory conditions concerning payment and finalisation of the auction record are met, the adjudication deed is issued. It constitutes the purchaser's title to ownership.

Release and distribution of proceeds — Art. 864 onwards, Romanian Code of Civil Procedure

The sale proceeds are released or distributed among creditors according to claims and priority ranks, following the statutory procedure.