Kihagyás

How long the judgment debtor and the persons living in the immovable property by right of the judgment debtor are obliged to vacate the auctioned property?

The judgment debtor and the persons living in the immovable property by right of the judgment debtor shall, with the exceptions set forth in under Article 154/A Subsections (3) and (4), vacate the premises within thirty days from the auction, or if the bailiff has allowed any respite for payment of the purchase price, until such deadline, or within fifteen days of the date of the definitive date of a resolution passed in conclusion of action for legal remedy, when applicable, and shall remove all their possessions and otherwise allow the bailiff to turn the property over to the auction buyer.

The court of origin for authorizing enforcement shall notify the bailiff if an action for legal remedy is filed, and the appellate court shall send a copy of its ruling concerning the remedy when it becomes legally binding.

The judgment debtor and the persons living with him shall be temporarily relieved from the obligation of vacancy if the purchase price is not paid in time. In this case the property shall be vacated within thirty days from the date when the purchase price is paid in full.

The court of origin for authorizing enforcement shall grant a one-time respite from the obligation of vacancy upon the judgment debtor’s request, if submitted within fifteen days upon receipt of notification of the appraised value, and if the property falls within the scope laid down in Subsections (3) and (4) of Section 147 and if the judgment debtor has no other place to live. No respite shall be granted if the judgment debtor has previously been fined for contempt, or if the court suspended the enforcement procedure for at least six months upon the judgment debtor’s request for the same reason that would constitute grounds for respite. (Vht. 154/A. §)

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