From the creditor’s perspective, enforcement is a legitimate tool to turn a court decision or other enforceable title into actual payment. For the debtor and their family, however, the consequences are major: loss of the home or other property, risk of eviction, damage to their credit history and tensions with co-owners or family members. Understanding the steps of the procedure, as well as the rights of debtors and co-owners, is therefore essential for anyone faced with a foreclosure-type situation in Romania.
This article walks through the main stages of forced sale of real estate in an accessible way (authorisation of enforcement, identifying and registering the property, valuation, public auction, distribution of the sale proceeds), with references to the relevant statutory framework and links to official or specialist sources for further reading.
1. Legal framework of forced sale of real estate
The general rules on enforcement in Romania are contained in Book V of the Civil Procedure Code (CPC), which defines enforcement as the set of legal mechanisms by which obligations established by an enforceable title are carried out through the coercive force of the state. Enforcement is a distinct phase of the civil process, following the trial on the merits, and is aimed at the practical realisation of the right acknowledged by the court or other authority.
Under Article 632 CPC, enforcement can only take place on the basis of an enforceable title, and the Code lists the categories of acts that have this nature (final court judgments, judgments declared provisionally enforceable, certain authentic instruments and other titles expressly declared enforceable by law). The Ministry of Justice publishes the consolidated text of the CPC on its website, and several specialist portals provide article-by-article commentary and case law references.
The enforcement procedure is carried out by judicial enforcement officers (bailiffs), a regulated profession governed mainly by Law no. 188/2000 on judicial enforcement officers, complemented by regulations issued by the National Union of Judicial Enforcement Officers. Bailiffs operate under the control of the enforcement courts, which are usually the district courts (judecătorii) in whose territorial jurisdiction the debtor’s domicile or registered office is located.
Real estate foreclosure (urmărirea imobiliară) is regulated specifically in the chapter “Enforcement against immovable property” within Title II “Enforcement against the debtor’s assets” of Book V. These provisions define which immovable assets can be pursued, how the foreclosure is registered, how the property is valued and how the public auction and distribution of proceeds are carried out.
Publicity and registration of property rights and encumbrances (including mortgages, enforcement registrations, easements) are governed by Law no. 7/1996 on cadastre and real estate publicity. The National Agency for Cadastre and Land Registration (ANCPI) provides access to the legal framework and practical information on land book (carte funciară) registrations and extracts that bailiffs use to identify and encumber property.
For the general public, the Romanian Ministry of Justice has also prepared a brochure on civil enforcement, explaining in plain language the main concepts, stages and rights involved in enforcement proceedings, including foreclosure. This brochure is available in PDF format on the official website of the ministry. At EU level, the e-Justice Portal offers an overview of how enforcement of court decisions works in Romania, in several languages, summarising the key features of Romanian enforcement law.
2. When can real estate enforcement start?
Foreclosure does not start automatically when a debtor misses a payment. Several cumulative conditions must be met under the Civil Procedure Code before a bailiff can move against real estate:
- Existence of an enforceable title – for example, a final court judgment ordering payment, a court judgment declared provisionally enforceable, a bank credit agreement with an enforceable clause (where applicable under the rules in force at the time), or negotiable instruments such as bills of exchange and promissory notes, recognised by specific laws as enforceable titles.
- A certain, liquid and due claim – the debt must be determined or determinable in amount, due (matured) and sufficiently clear in terms of its legal basis. Disputes over whether the claim is still due or whether it has been extinguished by payment, set-off or limitation can generally be raised through an objection to enforcement (contestație la executare).
- Enforcement request lodged by the creditor – enforcement is not initiated ex officio by the court; the creditor must instruct a bailiff by filing a written enforcement request, which must include the names and addresses of the parties, the enforceable title, the amount claimed, the enforcement measures requested and other details required by Article 663 CPC.
- Authorisation of enforcement by the enforcement court – once mandated, the bailiff submits the file to the competent district court (instanța de executare) to request authorisation of enforcement. The court checks the formal conditions (existence of a title, role of the bailiff, competence, apparent limitation issues) and issues an enforcement order. Without this authorisation, any enforcement act is, in principle, void.
Only after the court has issued the enforcement order can the bailiff move forward with concrete enforcement measures, including foreclosure. In practice, the first “visible” act for the debtor is the enforcement summons and the communication of the enforcement order, often accompanied by information on the total amount claimed and the potential assets to be followed.
3. Main stages of foreclosure on immovable property
Once enforcement has been authorised, the bailiff may, depending on the circumstances, resort to several measures at the same time (garnishment of wages or bank accounts, seizure and sale of movable assets, and foreclosure on real estate). Foreclosure on real estate follows a number of distinct stages: identification of the property, registration of the foreclosure in the land book, valuation, setting the auction and publicising it, conducting the auction and drawing up the adjudication deed, and finally distribution of proceeds.
3.1. Summons and identification of real estate assets
After authorisation, the bailiff serves a payment summons on the debtor, typically granting a short period (for example, 15 days) to voluntarily pay the outstanding amounts. At this stage, the bailiff also begins identifying the debtor’s assets. For real estate, this is done mainly through land book extracts obtained from the local cadastre and land registration offices (OCPI), based on the national land register system regulated by Law no. 7/1996, as amended.
The land book contains a description of the property (location, surface, cadastral number) and entries regarding ownership, mortgages and other encumbrances. It also records enforcement registrations, which give notice to third parties that the property is subject to enforcement. The bailiff may also obtain information from the local tax authorities (for property tax records) and other public registers, when necessary.
3.2. Registration of the foreclosure in the land book
When the property is registered in the land book, the bailiff orders registration of the foreclosure (noting the enforcement) in the relevant land book. This is a crucial step: from a legal point of view, the enforcement measure becomes enforceable erga omnes, meaning that any potential buyer or creditor who checks the land book can see that the property is subject to enforcement.
Where the debtor owns only an undivided share in the property (for example, 1/2 share of a flat), or where the property is co-owned by spouses under the matrimonial community regime, special rules apply. Under the Civil Procedure Code, a creditor of one co-owner generally cannot directly sell the entire property without clarifying the co-ownership shares. In many situations, the creditor needs to initiate partition (a separate court procedure to divide the common property), and enforcement may be suspended until the partition is finalised, so that only the debtor’s share is sold.
Because these rules are nuanced and depend on the precise legal regime of the property (co-ownership by shares vs. joint ownership, matrimonial community vs. separation of property, and so on), co-owners who are not debtors should consult a lawyer early on if they find out that foreclosure has been registered on “their” property.
3.3. Valuation of the property
Before any auction is held, the property must be valued. If the parties (creditor and debtor) cannot agree on a price, the bailiff appoints a certified expert to prepare a valuation report. The expert assesses the market value of the property, taking into account surface, location, condition, improvements, utilities and local market comparisons.
The valuation report is extremely important, because the valuation is generally used as the starting point (or basis) for the auction price. If the valuation is unduly low, the property may end up being sold at a price significantly below market value, which is detrimental to the debtor (who may lose the property without fully extinguishing the debt) and to junior creditors (who may not be paid at all).
In Romanian practice and legal scholarship, the valuation report is treated as an enforcement act and can be challenged in court through an objection to enforcement (contestație la executare). Courts have, in many cases, ordered a new valuation or corrected serious errors (for instance, ignoring comparable transactions, undervaluing certain improvements or misidentifying the property). Debtors concerned about valuation should seek independent advice and consider challenging the report within the statutory deadlines.
3.4. Setting the auction date and publicising the sale
After the valuation is completed and any objections resolved, the bailiff sets the auction date. The Civil Procedure Code requires the bailiff to fix the sale date within a short time after the price has been established, and also sets a mandatory interval between the posting of the sale notice and the auction itself (for example, not sooner than 20 days and not later than 40 days after posting), to give potential bidders time to prepare.
Sale notices (publicații de vânzare) must contain key information such as the details of the enforcement file, the identities of the creditor and debtor, a description of the property (including land book and cadastral numbers), the valuation and asking price, and the main terms of the sale. The notice is posted at the bailiff’s office, at the court, at the property, at the local city hall and, where appropriate, at the place where the auction will be held. In practice, many bailiffs also publish sale notices on their own websites or on dedicated auction platforms, and in some cases in local or national newspapers.
The purpose of these formalities is to ensure transparency and to attract as many potential bidders as possible. From the debtor’s perspective, good publicity increases the chances that the property will be sold at a price closer to its true market value, thereby reducing or even eliminating any residual debt.
4. Public auction: participation, starting price and adjudication
4.1. Who can participate in the auction and how?
As a rule, any person with legal capacity may participate in the auction as a bidder, except those explicitly prohibited by law (for example, certain public officials in relation to property they administer). To participate, bidders must typically file a written bid and deposit a guarantee (cauțiune), generally amounting to 10% of the starting price, in the bailiff’s account or as otherwise indicated in the sale notice.
Proof of the guarantee payment (usually a receipt or bank confirmation) must be submitted before the auction. Failure to pay the guarantee or to provide the required documentation (identification documents, proof of authority for legal entities, etc.) means the person will not be admitted as a bidder. The guarantee of unsuccessful bidders is usually returned after the auction, while the winner’s guarantee is retained and counted towards the purchase price.
Although the Civil Procedure Code does not explicitly forbid the debtor to participate in the auction, in practice it is uncommon and may raise practical and legal complications (for example, regarding the settlement of the debt, possible challenges by other creditors, or suspicions of collusion). More commonly, family members or co-owners participate as bidders in order to keep the property within the family, provided they comply with all legal requirements.
4.2. Starting price and price reductions at subsequent auctions
The starting price at the first auction is normally the price indicated in the valuation report (or the agreed price if the parties have reached an agreement on valuation). If the auction fails — either because no bidders show up or because no admissible bids reach the minimum price — the law allows for new auctions to be organised, with the possibility of lowering the starting price under certain conditions.
Specialist literature and practice indicate that at the second and third auctions, the starting price can be reduced proportionally, sometimes down to around 75% and then 50% of the initial valuation, subject to limitations where the successful bidder is the creditor itself. The rationale is to strike a balance between protecting the debtor from firesale prices and giving the creditor a real chance to recover the debt through repeated auctions if the property is difficult to sell.
Given that the details of price reductions and minimum acceptable prices can be nuanced (especially when the creditor is a mortgagee seeking to adjudicate the property itself), bidders and debtors should carefully read the sale notice and, if in doubt, ask the bailiff or a lawyer to explain the applicable thresholds for the particular auction date.
4.3. Conduct of the auction and adjudication
On the auction date, the bailiff opens the session, verifies the identity of the bidders and ensures that the guarantees have been duly paid. The bailiff then reads out the main details of the property and the terms of sale, announces the starting price and invites bids. Bids are usually made orally; each new bid must exceed the previous one by at least the minimum increment (if any) specified in the sale notice.
If there are at least two bidders and at least one offers a price equal to or above the minimum acceptable price for that auction, the property is sold to the highest bidder. If there is only one bidder, the sale may still proceed, provided that the bid meets the statutory conditions (for example, not below the minimum price allowed at that stage). If no admissible bids are made, the auction is declared failed, and the bailiff may schedule a new auction with adjusted conditions.
Once a winner is declared, the bidder must pay the price in accordance with the terms provided by the Civil Procedure Code and the sale notice. Typically, the bidder must pay the difference between the guarantee and the full price within a short time frame (for example, 30 days), failing which the sale may be annulled and the guarantee forfeited. The precise payment terms should be checked in the enforcement file and sale notice.
After the price has been paid, the bailiff draws up the adjudication deed (actul de adjudecare). This deed is a key document: it confirms the sale, identifies the property and the parties, indicates the price and how it was paid, and has the effect of transferring ownership from the debtor to the successful bidder. The adjudication deed is then used to register the new owner in the land book and may serve as a basis for eviction proceedings if the debtor or other occupants do not voluntarily vacate the property.
5. Debtor’s rights during real estate enforcement
Even though enforcement is a coercive process, the debtor enjoys a number of rights and safeguards designed to prevent abuses and ensure that enforcement remains proportionate and legal.
5.1. Right to information and to pay the debt
The debtor has the right to be informed of all major enforcement acts: enforcement order, summons, registration of the foreclosure, sale notices, auction minutes, adjudication deed and distribution project. These documents must be communicated to the debtor under the rules of the Civil Procedure Code, either by service at the debtor’s domicile or by other legally admissible means (for example, electronic communication in certain circumstances).
At any time before adjudication (i.e. before the property is definitively sold), the debtor can extinguish the debt by paying in full the amount due, including principal, interest, penalties and enforcement costs. Once the debt has been fully paid, enforcement against that particular property should, in principle, cease. In practice, it is important that payment is made through the channels specified by the bailiff (for example, by paying into the bailiff’s account or into a specific escrow account) and that all payments are documented so that they can be recorded in the enforcement file.
In some cases, especially involving consumer mortgage loans, the debtor may also explore other statutory mechanisms, such as the “dation in payment” regime introduced by Law no. 77/2016. Under this law, and subject to strict conditions, an individual consumer can transfer ownership of the mortgaged property to the creditor in full settlement of the debt. This regime is separate from foreclosure and has its own procedures and requirements (for example, thresholds for the loan amount and consumer status), so specialised legal advice is essential before relying on it.
5.2. Objection to enforcement (contestație la executare)
The main judicial remedy available to the debtor is the objection to enforcement (contestație la executare). This is a special type of lawsuit brought before the enforcement court, which can target either the enforcement as a whole (for example, arguing that there is no valid title, that the claim is time-barred, that the amount claimed is wrong) or specific enforcement acts (valuation, registration of the foreclosure, sale notice, auction minutes, adjudication deed).
The Civil Procedure Code sets out relatively short deadlines for filing objections, usually starting from the date the debtor became aware of the contested act. For some types of challenges (for example, objections against the very existence or validity of the title), the time limits may be different. Failure to act within the statutory deadline can result in the objection being dismissed as late (tardivă), even if the debtor’s substantive arguments might otherwise be valid.
Because the procedural rules are technical and the deadlines short, debtors are strongly advised to consult a lawyer as soon as they receive the first enforcement documents, rather than waiting until the auction is imminent or has already taken place.
5.3. Suspension of enforcement
Filing an objection to enforcement does not automatically suspend the proceedings. To prevent the auction or other steps from going forward while the objection is pending, the debtor must file a separate request for suspension, usually within the objection or as a separate petition. The court may grant suspension if there are serious grounds and may require the debtor to provide a guarantee (cauțiune), the amount of which is determined in light of the circumstances.
If suspension is granted, no further enforcement acts (including auctions) may be carried out until the court has ruled on the objection (or until the suspension is lifted). This can provide valuable time for the debtor to prepare their defence, negotiate with the creditor or explore alternative solutions. On the other hand, asking for suspension without solid grounds or without being ready to provide a guarantee can be counterproductive.
5.4. Challenging valuation and the auction
As already mentioned, the valuation report can be challenged through an objection to enforcement when there are serious indications that the property has been undervalued or that the valuation contains material errors (for instance, using outdated comparable properties, ignoring certain characteristics, or even valuing the wrong property). Successful challenges may lead the court to order a new valuation or to adjust the price, which in turn affects the auction starting price.
Similarly, the conduct of the auction itself can be challenged if legal rules were breached: insufficient or defective publicity, failure to respect the minimum time between posting the sale notice and the auction, unlawful refusal to admit a bidder, collusion between bidders, acceptance of bids below the minimum statutory price, and other irregularities. Courts have in some cases annulled auctions and adjudication deeds where such irregularities were proven.
However, courts also emphasise legal certainty and the protection of good faith buyers. If a third party has purchased the property in good faith at an auction that appears formally regular, challenges brought long after the event or based on minor formal defects are unlikely to succeed. Prompt action is therefore crucial.
6. Rights of co-owners and of the non-debtor spouse
Foreclosure often becomes more complex when the property is jointly owned, either by spouses or by several co-owners (for example, siblings who inherited a house together). Romanian law offers certain safeguards to co-owners who are not personally liable for the debt.
6.1. Co-ownership and matrimonial property
Where the property is co-owned by several persons in shares (for example, each owns 1/2 or 1/3), a creditor of one co-owner typically cannot sell the entire property directly. Depending on the situation, the creditor must initiate a partition procedure (acțiune de partaj), which leads to the division of the property either physically (if possible) or by sale and distribution of the proceeds, with the debtor’s share being used to pay the creditor. During partition, enforcement may be suspended or limited to the debtor’s share, protecting the rights of the other co-owners.
In the case of spouses married under the legal regime of community property, assets acquired during marriage are jointly owned in a form of joint ownership called “community of goods” (comunitate de bunuri). A creditor of only one spouse may face restrictions when attempting to enforce against common property, especially where the debt does not benefit the family or was not incurred with the other spouse’s consent. In some situations, the creditor may have to seek partition of the matrimonial property first, or prove that the debt falls within the category of obligations that can be enforced against community assets.
6.2. Procedural rights of co-owners and spouses
Co-owners and the non-debtor spouse have the right to be informed of foreclosure proceedings and to take part in them as interested parties. In practice, their rights include:
- Right to notification – if co-owners are registered in the land book, they should be notified when foreclosure is registered and when the property is advertised for sale, especially where the entire property (not just the debtor’s share) is being pursued.
- Right to intervene and object – co-owners may intervene in the enforcement proceedings or bring their own objections to enforcement, arguing that enforcement should only affect the debtor’s share, that a preliminary partition is required, or that their rights are otherwise being infringed.
- Right to request partition – co-owners can initiate partition proceedings themselves to clarify shares and protect their interests. In some cases, partition may even be combined with enforcement issues and addressed by the same court.
- Right to participate as bidders – co-owners and spouses can participate in the auction like any other bidder, which can be a way to acquire the shares of the debtor or to ensure that the property remains in the family.
Because the interaction between enforcement law, matrimonial property law and co-ownership rules is complex, co-owners should usually seek tailored legal advice as soon as they become aware of a foreclosure registration on a jointly-owned property.
7. Distribution of proceeds from the sale
Once the property has been sold and the price has been paid, the bailiff must distribute the proceeds among the creditors, after deducting enforcement costs. The Civil Procedure Code dedicates a specific chapter to “Release and distribution of amounts obtained through enforcement”, where the order of priority and the procedure for drawing up and approving the distribution plan are laid down.
7.1. Case of a single creditor
If there is only one enforcing creditor, the situation is relatively simple. After deducting enforcement costs (bailiff’s fees, expert fees, publication and auction costs, other necessary expenses authorised by law), the remaining amount is paid to the creditor until the claim is satisfied in full. If any balance remains after full payment, it is returned to the debtor.
This means that debtors sometimes receive back part of the sale price if the property fetched more than the total debt plus enforcement costs. Conversely, if the sale price barely covers costs and part of the debt, the debtor does not receive any money and may still owe the creditor a residual amount.
7.2. Multiple creditors and priority ranking
When several creditors are entitled to share in the proceeds (for example, a bank holding a mortgage, tax authorities, employees with salary claims, other unsecured creditors), the bailiff must follow a statutory order of priority. The general structure of this ranking is as follows:
- Enforcement costs – always paid first, as without them the enforcement could not have taken place.
- Certain preferential claims – for example, some support obligations (maintenance), certain salary claims, or compensation for bodily injury, within the limits and under the conditions laid down by law.
- Secured claims – creditors with mortgages, pledges or other security interests on the property being sold are paid from the proceeds of that property in proportion to their rank and the amount of their claims.
- Unsecured (chirographic) claims – creditors without specific security are paid from any residual balance that remains after secured and preferential claims have been satisfied, typically on a pro rata basis if the funds are insufficient to pay them all in full.
The bailiff prepares a draft distribution plan (proiect de distribuire) describing which amounts will be allocated to each creditor and how the ranking was determined. Creditors and the debtor are notified and may object to the draft in court, challenging either the inclusion or exclusion of certain claims or the ranking applied. The enforcement court then approves or adjusts the plan, and the bailiff pays the amounts accordingly.
7.3. What if the price does not cover the full debt?
If the sale price of the property is insufficient to cover all claims and enforcement costs, the debtor remains liable for any shortfall towards the enforcing creditors, unless some special legal regime (such as certain dation in payment arrangements) applies.
In practice, this means that foreclosure does not automatically wipe out all debts. If a property is heavily encumbered or sold at a low price, the proceeds may be exhausted by the enforcement costs and the mortgage creditor, leaving nothing for junior creditors and not fully satisfying the main creditor. The creditor may then continue enforcement against other assets (other real estate, movable assets) or against the debtor’s income (wages, pensions, bank accounts), subject to statutory limitations on garnishment percentages and exempt income.
8. Practical recommendations for debtors and co-owners
Real estate enforcement is technical and highly formalistic. Many disputes in court revolve around whether certain formal requirements have been met. To protect themselves, debtors and co-owners should keep in mind a series of practical recommendations:
- Do not ignore enforcement documents – every summons, sale notice, valuation report or distribution plan has time limits attached for objections. Ignoring documents or letting them pile up can lead to irreversible loss of defence opportunities.
- Check the enforceable title and the calculation of the claim – while enforcement courts do not generally re-examine the merits of the original case, certain issues (such as lack of enforceability, limitation periods, obvious calculation errors) can be raised during enforcement. Sometimes, enforcement is attempted on the basis of titles that no longer reflect the true legal situation.
- Review the valuation report carefully – if the property appears undervalued, the starting price at auction will be low, increasing the risk of a sale at a “bargain” price that does not protect the debtor’s interests. Independent valuations or input from real estate professionals can be helpful when deciding whether to challenge the valuation.
- Consider objections to enforcement and requests for suspension – where there are serious legal issues (such as invalid titles, procedural irregularities, abusive conduct), an objection to enforcement, combined with a request for suspension, may halt or delay the sale and give time to clarify matters in court.
- Co-owners should act proactively – if the debtor is only one of several co-owners, the others should not assume that their rights will be automatically protected. Interventions in the enforcement proceedings, partition actions and separate objections may be necessary to prevent abusive or disproportionate outcomes.
- Use official and specialist sources – in addition to the Civil Procedure Code and Law no. 7/1996 available on the official legislative portal, the Ministry of Justice brochure on enforcement and the EU e-Justice Portal provide clear, public-facing explanations. Specialist law firm and academic websites offer more detailed commentary and examples, but should be read as secondary sources.
- Seek legal advice early – enforcement deadlines are short and procedural errors can be fatal. A timely consultation with a lawyer familiar with enforcement law and real estate issues often makes the difference between a managed outcome and a chaotic, irreversible sale.
9. FAQ – Forced sale of real estate in Romania
1. What is “forced sale of real estate” in Romanian law?
It is a form of civil enforcement where a debtor’s immovable property (such as a house, apartment or land) is sold, usually by public auction, in order to satisfy an unpaid debt evidenced by an enforceable title. The procedure is governed by Book V of the Romanian Civil Procedure Code and by legislation on cadastre, land registration and judicial enforcement officers.
2. How long does a foreclosure procedure usually take?
There is no fixed duration. The timeline depends on how quickly the enforcement is authorised, how long it takes to value the property, the number of auction dates needed to find a buyer and whether the debtor or co-owners file objections or seek suspension. In practice, straightforward cases may conclude within several months, while contested or complex cases can last a year or more.
3. Can I stop the sale if I pay the debt?
Yes. If you pay the full amount due (principal, interest, penalties and enforcement costs) before the property is adjudicated to a buyer, enforcement against that property should be terminated, because the enforceable title has been fully executed. It is crucial to pay through the channels specified by the bailiff and to obtain proof so that the payment can be recorded in the enforcement file.
4. Can I challenge the valuation of my property?
In general, yes. The valuation report is an enforcement act and may be challenged through an objection to enforcement if you have serious reasons to believe that your property has been undervalued or the report contains substantial errors. If the court finds the challenge well-founded, it can order a new valuation or adjust the price, which will then affect the auction starting price.
5. What rights does my spouse or co-owner have if they are not the debtor?
Non-debtor co-owners and spouses are not mere bystanders. Depending on the regime of the property (co-ownership in shares or matrimonial community of property), the creditor may need to initiate partition before selling the property, and enforcement can be limited to the debtor’s share. Co-owners can intervene in the enforcement proceedings, file objections to enforcement and request suspension if their rights are being infringed.
6. How do I know if a property is being sold at auction?
Formally, information appears in the sale notice, which must be posted at the bailiff’s office, the enforcement court, the property itself and the local city hall. Many bailiffs also publish sale notices on their websites or on specialised auction platforms. Anyone can request information about a specific enforcement file from the bailiff, within the limits allowed by data protection and procedural rules.
7. Can I buy the property at the auction if I am the debtor?
Romanian law does not expressly prohibit the debtor from participating as a bidder, but the situation is relatively rare and may raise practical difficulties, especially if other creditors are involved or if there are suspicions of collusive bidding. It is more common for relatives or co-owners to participate as bidders, provided that they comply with the conditions set out in the sale notice (such as paying the guarantee of 10% of the starting price).
8. What happens if the sale price is not enough to pay all the debt?
If the sale proceeds are insufficient, even after paying enforcement costs and the main secured creditor, the remaining portion of the debt generally stays outstanding. The creditor may then continue enforcement against other assets or income of the debtor, such as other properties, movable goods or wages, subject to the statutory limits on garnishment.
9. Can the auction or adjudication be annulled?
Yes, but only on serious grounds and usually within strict deadlines. Irregularities such as lack of proper publicity, failure to respect statutory timeframes, unlawful exclusion of a bidder or acceptance of bids below the minimum allowed threshold may justify annulment of the auction or adjudication deed. However, courts also protect good faith purchasers and legal certainty, so challenges brought late or based on minor defects may be rejected.
10. Where can I find the official legal texts and reliable information?
The consolidated text of the Civil Procedure Code and Law no. 7/1996 can be consulted free of charge on the official legislative portal of the Romanian government. The Ministry of Justice publishes a civil enforcement brochure for the general public, and the EU e-Justice Portal provides an English-language overview of how enforcement of court decisions works in Romania. Specialist legal websites and law firm blogs offer detailed commentary, but should be checked against official sources.