Article 250-1. Foreclosure on the debtor's immovable property in the enforcement proceedings of the Civil Procedure Code of the Republic of Kazakhstan

     1. In the course of the compulsory execution of a court decision, if it is impossible to repay the debt at the expense of other property or if the property is insufficient, the recoverer or bailiff has the right to apply to the court with an application for foreclosure on the debtor's immovable property.

     The court shall consider an application for foreclosure on the debtor's immovable property within ten working days from the date of receipt of the application to the court at the location of this property. The recoverer, the debtor and the bailiff are notified by the court of the time and place of the court session, however, their non-appearance is not an obstacle to the resolution of the application. The court issues a ruling on the results of consideration of the application.

     2. The statement of the recoverer or bailiff in terms of content must comply with the requirements of the sub-paragraphs 1), 2), 3), 5), 7) and 8) the second part of Article 148 of this Code.

     If the application of the recoverer or bailiff submitted to the court does not comply with the requirements of this article, it is subject to return without consideration in accordance with the procedure established by the second part of Article 152 of this Code.

     3. According to the rules of this article, the recoverer's application for foreclosure on the immovable property of a mortgagor who is not a debtor, or if the immovable property was acquired by the debtor under a residential mortgage loan, is not subject to consideration.

     4. A private complaint may be filed against a court ruling on foreclosure or refusal to foreclose on the debtor's immovable property, or a petition may be filed by the prosecutor.

President    

Republic of Kazakhstan     

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