Set aside a bailiff auction and restored the client’s ownership of a half share in an apartment

Bailiffs arranged the auction of our client’s half share in an apartment.

Key documents concerning seizure, valuation and sale were sent to addresses where the owner did not live, even though the bailiffs knew he was incarcerated.

The share was sold to a third party.

We challenged the sale.

The court found substantial procedural violations, invalidated the auction of 14 February 2023 and the sale agreement of 14 March 2023, and ordered the restoration of Nikolay Shchechkin’s ownership of the half share.

The Leninsky District Court of Krasnoyarsk (Ленинский районный суд г. Красноярска) restored the client’s ownership of the 1/2 share in the apartment (case No. 2-267/2024, decision of 28 February 2024).

The claim was granted in part: the court did not find the challenged actions of the state property agency unlawful.

The published information does not confirm whether the restored right has been registered in the property register or whether the judgment has entered into force.

Konsultant Law Firm represented the plaintiff, Nikolay Shchechkin (Щечкин Николай Васильевич), who owned a half share in the apartment.

The case was handled by lawyer Viktor Erofeev.

The court declared the bailiffs’ actions in transferring the 1/2 share to auction unlawful, invalidated the auction and the purchase and sale agreement concluded on its results, and restored the client’s ownership.