Buying a mortgaged property in Bulgaria: coordinating payment and cancellation
Buying a mortgaged property in Bulgaria: align the contract, bank conditions, payment and mortgage cancellation before completion.
Read article →Protection of an only home is conditional. Mortgages, the type of debt and timely procedural action determine whether the protection applies.
An only home is not unconditionally protected from enforcement. Bulgaria's Civil Procedure Code provides an exemption subject to conditions and exceptions. Crucially, it cannot be invoked against a mortgage creditor enforcing the debt secured by that mortgage.
Article 444(7) concerns the absence of another home both for the debtor and family members living with them. The debtor's registered address is not the sole test. Where the dwelling exceeds housing needs, the law allows sale of the excess if the legal conditions for separate division are met.
Exceptions also depend on the claim, including maintenance, tort damages and certain liability arising from financial accountability. Begin with the enforceable obligation, not only the title deed.
A complaint to the creditor or a telephone call does not replace procedural protection. Appealing an eligible act is subject to a deadline and does not automatically suspend enforcement. Assess supporting evidence and any request for a stay. This article concerns civil enforcement under the Code, not every public-debt collection regime.
Discuss your circumstances with a lawyer. Leave a phone number or email, or call us directly.
This article is for general information only. It does not constitute or replace individual legal advice.