REQUIREMENTS TO AUCTION REAL PROPERTY
SEIZED UNDER
ENFORCEMENT WARRANT
"SEIZURE AND SALE OF PROPERTY"
(QLD)
Updated as at - 1st October 2005
The following requirements are essential for the effective Seizure and Sale of Real Property by the Bailiff. When all requirements are met the Bailiff is able to proceed to the disposal of the property without undue delay thereby providing a speedy satisfaction of the Warrant.
Registration of Warrant over the Debtors interest in the seized property
- Obtain a Certified Copy of the Enforcement Warrant Seizure and Sale of Property (The Warrant)
from the Court of Issue
- Complete a Request to Register Warrant (Form 12) obtained from the Department of Natural Resources (DNR)
- Lodge Form 12 and the Certified Copy of the Warrant at DNR
Click to view DNR Offices
- Obtain from DNR
a. Registration Confirmation Statement showing Warrant is registered over the property
b. Property Details Report (IVAS)
REMEMBER: Registration of the Warrant over the Title of the Debtors Property EXPIRES Six (6) months after being registered with DNR
Issue of Warrant to Bailiff & Instructions to proceed to Execute Warrant:
- Request the Court of Issue to issue the Warrant to the Bailiff for Seizure of the Real Property of the Debtor.
- At the time of issuing the Warrant the following should be attached to the warrant:-
a. Registration Confirmation Statement
b. IVAS
c. Instructions to the Bailiff signed by the Plaintiff or Authorised Representative, requesting the Bailiff to seize and Sell the Real Property of the Debtor and include an undertaking to satisfy any incurred costs after the expenditure of the Security Fee if the Warrant is WITHDRAWN for any reason once seizure action has been commenced.
d. Attach a cheque for $ 2,000.00 made payable to the respective "Bailiffs Office". This fee is a Security of costs and outlays and refundable at the completion of the Auction
e. The Warrant should be issued to the Bailiff at least three (3) months before the Registration over the Title of the Debtors Property expires.
CLICK HERE: "Instructions for Bailiff to proceed to Auction Property of Debtor (Draft Letter)
Actions of the Bailiff after Issue of the Warrant:
On receipt of Warrant, the Bailiff will commence proceedings to sell the property of the Debtor by Bailiffs Auction.
The Bailiff will:
a. Determine a date and Place of Auction
b. Draw up advertising for the Auction in Accordance with the Uniform Civil Procedure Rules
c. Submit Advertisements to the required Newspapers etc.
d. Draw up a Contract of Sale (Click Here to view Draft Contract)
e. Draw up Notice of intention to sell Real Property
f. Arrange a Valuation of the subject property from a Property Valuer
g. Forward to the Debtor and any concerned party a Notice of Intention to Sell
h. Post Notices of Sale at the Court of Issue (Public Notice Board)
i. Make further demands on the Debtor to Satisfy the Warrant prior to the Auction Date
j. Advise any interested Party with information regarding the proposed Auction
Further Requirements:
The Bailiff will forward to the Plaintiff or the Legal Representative a Copy of the Notice of Intention to sell and a request at the same time for the following:
a. A payout figure on any mortgages or other encumbrances over the subject property as at the date of Auction
b. A payout figure of local Government Rates and Charges as at the date of Auction
c. A payout figure on any Body Corporate levy fees and charges (where applicable) as at the date of Auction
REMEMBER: The above requirements are to be forwarded to the Bailiff at least Seven (7) days before the Date of Auction
IMPORTANT !
- All instructions/information to the Bailiff must be in writing. Verbal advices by telephone cannot be acted upon by the Bailiff until written confirmation is received.
- It is essential that the Court of Issue and the Bailiff be notified immediately or no later than three (3) days prior to the date set for the Auction, of the following:-
a. Monies received by or on behalf of the Judgment Creditor after issue of the Warrant
b. Additional Costs incurred after issue of the Warrant, so that they may be endorsed on the Warrant and claimed as part of the Settlement
c. Any negotiations in relation to settlement, which take place between the parties after issue of the Warrant.
- Failure to advise the Bailiff of any of the above may result in the Auction being terminated or realizing a lesser amount due on settlement!
Disclaimer:
The above information was compiled from information supplied by a number of Bailiffs and from precedents supplied by the Bailiffs Office Brisbane (CLICK HERE to view WEBSITE) and from assistance of a number of Court Registrars and the Department of Natural Resources (See http://www.nrm.qld.gov.au/). All care has been taken to ensure the information outlined is correct and in accordance with the procedures to sell Real Property under a Warrant of Enforcement as per the Uniform Civil Procedure Rules.
Copyright 2005
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