Buying a Bulgarian property under attachment: the risk of a private sale

A private sale after registration of an attachment may be ineffective against the creditor protected by that attachment. Transfer of ownership does not automatically stop enforcement against the property. A seller's promise to pay the creditor after receiving the price leaves a material risk.

Identify the registered measure

An attachment is different from a mortgage. It may arise from enforcement proceedings or secure a claim awaiting judgment. Its legal basis determines how and by whom it can be lifted. This article concerns civil enforcement; public debts and other special proceedings require separate analysis.

Payment and release are separate stages

The seller's quoted balance may omit costs, interest or additional creditors. Even payment of the identified debt must be followed by the proper release document and registration action. An older encumbrance certificate cannot establish that these steps have occurred.

Before committing, identify all entries and agree a sequence supported by verifiable documents. If that sequence cannot protect the purchase against continuing enforcement, revise the terms or defer completion.