The Office of the Judiciary on Thursday announced the publication of new rules in Government Gazette No. 8719, governing the sale in execution of primary homes. 

According to a media statement issued by the Deputy Director of Public Relations Vikitoria Hango, these rules are designed to provide greater protection for homeowners and ensure a fair and transparent process.

“The new regulations aim to balance the interests of creditors and debtors, while also addressing the need for humane and equitable treatment of individuals facing the sale of their primary residence,” the statement read. 

Before a court can approve the seizure of a primary home, creditors must follow a specific process. 

The new rules, outlined in Rule 108 (5) (3), require creditors to formally notify everyone living in the home, which gives residents a chance to present their case to the court before the property is seized.

In addition, the creditor is legally obligated to provide the court with a complete and honest picture of the situation which includes the resident’s financial status, other possible ways the debt could be paid, and the history of the debt itself before the court makes a final decision. 

Furthermore, Hango highlighted that the new rules will make provisions such as “enhanced notice requirements, stricter guidelines for the valuation and sale of properties, and improved oversight mechanisms to prevent abuse.”

The rules also allow the residents (the debtor and any occupants) to file a written response at least 20 days before the scheduled court hearing.
“The new rule framework will contribute significantly to the protection of homeowners and the integrity of the judicial process,” Hango said.
-Nampa