Villa Pierin Vincenz in Teufen: Peter Spuhler may not see his money so soon
Peter Spuhler wants his money back: He announces the auction of the foreclosure of the town of Pierin Vincenz – this should happen at the beginning of 2025. But it does not happen so quickly: there are legislative deadlines and objections are still possible.
Pierin Vincenz received 6.4 million francs from Peter Spuhler for his dream villa in Teufen. The Stadler Rail sponsor and the former Raiffeisen boss are old college friends. The loan was about replacing a mortgage on Vincenz’s house in Teufen AR after Vincenz left as head of Raiffeisen in 2015. At that time, Vincenz’s legal problems were still unknown.
Pierin Vincenz who was the head of Raiffeisen.
Before a property can theoretically be sold, legal deadlines and procedures must be adhered to. The basis is the Federal Law on Debt Collection and Bankruptcy (SchKG). With this background, it is clear that a mandatory auction could not happen as soon as the “Blick” reported on Wednesday regarding the “Handelszeitung”.
Recycling takes place at least six months after delivery
The responsible debt collection office in Appenzeller Mittelland does not comment on the specific case. Nevertheless, Tobias Graf, head of the debt enforcement office, makes a few basic statements.
If there is a debt enforcement request, the process is as follows: After a payment order has been issued, the creditor can submit a legal proposal within ten days of delivery. As for Pierin Vincenz, this may not have happened.
Real estate will only be sold once the debtor has applied for execution. The creditor has the right to do this in a property enforcement action at least after six months and at the latest up to two years after the delivery of the payment order. In the Vincenz example, this means: April 2025 if the delivery occurred in October.
In the enforcement process, the parties in the debt collection – ie both creditors and debtors – can lodge an objection against the orders issued by the debt enforcement office.
If it were to be sold, the property would have to be revalued first. A complaint can also be filed against this. Only then will the auction be made public and the date of the auction announced.
The debt collection office sets the general conditions for the auction
In principle, auctions are public: the date of the auction is published in the Official Swiss Trade Gazette. It remains to be seen whether the auction will take place. Even after the public announcement, the appointment can be canceled at any time. Because, according to the Appenzeller Mittelland debt collection office, the debt could be paid off before the auction begins.
The Appenzeller Mittelland debt collection office does not currently provide any information about the conditions if there is a property auction. Generally, when the date of the auction is published, the procedure for ordering a viewing is also recorded. The debt enforcement office may set reservations for inspections. For example, interested parties would have to submit proof of funding.
In principle, the debt collection office always tries to achieve a good sale price. To appeal to as many interested people as possible, he also places corresponding ads on real estate platforms during property auctions.
2024-11-14 16:31:00
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