Cerberus Global NPL Fund, L.P.
1 European Opportunity: Key Drivers of Transaction Volume
Changes to Foreclosure Processes
Foreclosure processes have been shortened in some countries, such as Italy
Measures introduced in Italy aiming at reducing the length of judicial
Measure Implemented
Court Auction Minimum Prices: Judicial enforcement proceedings have previously
multiple
auctions before collateral could be sold. Courts are now able to fix a minimum sale price the collateral
to be sold, up to 75% of the auction base price.
Court Valuation (CTU): The Court appraiser will be now be paid in half ond the valuation is released,
and will receive the other half of his compensation once the asset is sold in auction.
Out-of-Court Enforcement: Lenders and borro
under which, on a payment default, the
assets transferred to it automatically
Liquidation Proceedings: Where a debtor is subject to a bankruptcy procedure, there is now a 2 year
deadline by which the asset liquidation must be complete, unless the insolvency administrator seeks court
approval to extend. The insolvency administrator is also
to prepare the liquidation plan within
6 months of the insolvency declaration.
P 2016
(1) Source: PWC research, "The Italian NPL Market", December 2017.
Proprietary and Confidential | Not for Further Distribution
rrowers can make a repossession arrangement in advance
will be able to exercise a right to have title to real estate
Marciano").
Technological Enforcement Filing: An on-line database has been set up, linking national insolvency
registers, containing relevant information on all court-ordered real estate enforcement sales
and insolvency and
Ce insolvency filings.
nk DC State Pestment Boa
cesses:
28
Effect on Process
Reduces the number of auctions
needed to liquidate assets
Incentivizes court appraisers to
assess values in line with market
levels
Enables a lender to gain faster access
to the value of the collateral
Reduces the costs and time
associated with a foreclosure
Increases transparency
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