Objection of Deed Execution is a letter of appeal with which the debtor presents his defense arguments, against a deed, a transfer of rights, or a security bill whose execution was requested by the Collections Authority, or in a case where several requests were made for execution of mortgage of a business asset, or a private property. In the cases mentioned above, the debtor must submit the appeal through deposition where he will present supporting facts to his claims in front of the court. After a short dialog, it will be determined whether the debtor's objections is acceptable, and then the legal proceedings will begin.
There are several possible arguments to present an objection of deed execution, the most prominent of which are:
Failure of Value – this is the most common case of objection of deed execution, where the debtor claims that he did not receive the value for which he paid using a deed or bill. For example: a client that paid a business owner for a home renovation, but the work was not done. There are cases of partial failure, where the business owner only did part of the work, in which case the client must pay in full, and then sue the business owner for the difference of the work that was not done. The debtor can claim a complete failure even in cases where he received damaged goods that lost usable value.
Counterfeit Signature – the signature on the deed or the bill determines their validity. The debtor can claim that the signature on the deed or on the bill was forged by another person, something that's easy to check. It is always to use the advice of a graphologist in order to strengthen the claim of counterfeit, especially in cases that could pose some doubt relating to the signature, or there is no signature of the debtor on the deed/bill.
Holding in Due Course – after conducting a deal that is paid for using a deed or a check, the payee (the redeemed) can transfer the check to a third party as payment. The third party is acknowledged as a holder of due course if he receives the check before its redemption date, and acted honestly without knowing that anything was wrong with the check. If the third party is accepted as a holder of due course, then the debtor is allowed to sue him for failure to make a complete payment. In cases of real estate and land ownership designated for housing, where the real estate deed was submitted 6 months prior to the occurrence of the debt.
Filing an Objection
The filing must be done in the collections office where the acquitted submitted the executed of the deed, using debtor request form (no. 839). The objection must arrive within 30 days of filing the case with the Collections Authority. If the submission is filed late, one is required to file for an extension of the objection, while the debtor must explain the extenuation circumstances for the extension, and add a request for delaying the proceedings.
When filing an objection to the execution of the deed, the head of the Collection Authority will instruct to delay the execution of the deed and the collections proceedings until a decision is made regarding the objection, and will pass the objection request forms, and all accompanying materials, to be handled by the court which will decide if it possible to object.