Course programme
Judicial Sales
Learning Objectives
Upon completion of this course, participants will be able to:
- Identify the general rules governing judicial sales and the lawyer’s professional obligations
- Prepare and conduct a judicial sale hearing
- Manage post-adjudication incidents: overbid, pre-emption, substitution
- Master the effects of adjudication and the distribution of proceeds
Module 1 – General Rules
- Applicable legislation and respective jurisdictions (enforcement judge, lawyer)
- Professional obligations: RIN articles 12.1 and 12.2
- Freedom of bidding: principles and sanctions
- Case preparation: individual or corporate client, preliminary verifications
- Anti-slum landlord provisions
- The property: identification, surveys, occupancy status
Module 2 – The Sale Hearing
- Role of the lawyer: special power of attorney, banker’s draft, required documents
- Conduct of the hearing: requisition, bidding, adjudication
- Absence of bidders
- Nullity of bids: grounds, procedure
- Registry declarations and posting of the official record
Module 3 – Overbid, Pre-emption, and Substitution
- Overbid (surenchere): declaration, notification, challenge, overbid hearing
- Pre-emption rights: tenant, agricultural lessee, SAFER, public authorities
- Substitution: conditions, effects
Module 4 – Effects of Adjudication and Distribution
- Transfer of ownership and payment of price
- Costs, fees, and transfer duties
- Adjudication judgment and title of sale
- Notification of the sale to registered creditors
- Sanctions against a defaulting successful bidder
- Rebidding
- Distribution of proceeds
