Averting the forced auction of your house: your options

The forced auction of a property is drastic, but something can often still be done until the very end. Possible are an agreement with the creditor, catching up on overdue installments, an application for enforcement protection in cases of particular hardship, or a free sale that usually yields more than the auction.

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Your chances of getting your money back

You can often avert the forced auction, through an agreement with the creditor, settling the arrears, a free sale or an application for a temporary stay. In cases of particular hardship, enforcement protection may be considered (§ 765a ZPO).

A free-hand sale usually brings a better price than the auction and prevents high losses. The earlier you act, the more room to maneuver you have.

What you should do now

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1. Clarify the situation
Get an overview of the arrears, creditors and the state of the procedure.
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2. Talk to the creditor
Seek the conversation and offer settlement, deferral or a repayment plan to stop the procedure.
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3. Consider a sale
A free-hand sale usually brings more and can pay off the debt. Consider this route early.
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4. Apply for protection
In cases of particular hardship, an application for a temporary stay or enforcement protection can be filed. Get legal help for this.

How to spot the scam

You suppress the procedure until the auction date is set.
Arrears grow without you seeking the conversation.
Dubious offers promise 'rescue' for high upfront costs.

Frequently asked questions

Can I still stop a forced auction?

Often yes, the earlier the better. Possible are an agreement with the creditor, settling the arrears, a free sale, a repayment plan or, in cases of particular hardship, an application for a temporary stay or enforcement protection (§ 765a ZPO).

Is a free sale better than the auction?

As a rule, yes. A free-hand sale usually achieves a higher price than the auction, which often involves considerable losses. With the proceeds the debt can be paid off. Talk to the creditor about this in good time.

Where do I get help?

At a debt counseling center and, because of the legal implications, at a lawyer. They help negotiate with the creditor, file protection applications and choose the best route (sale, repayment, protection). Act early.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.