Real Estate Attachment Defense
- Real Estate Law
- Executive Attachment
- Civil Procedure
Case Overview
Challenge
Bank seeking executive attachment on AED 12+ million property
Strategy
Challenge procedural deficiency in notice requirements
Outcome
Complete victory through all court levels
Case Overview
A client faced an executive attachment petition filed by a bank against her real estate property. The property, worth over AED 12 million, was mortgaged as security to the bank with a first-ranking mortgage.
The client sought our legal advice to prevent the execution of the attachment through proper legal channels, questioning whether the bank had followed all required legal procedures.
The Challenge
The bank had filed a petition for executive attachment on the client's real estate property, which could have resulted in the forced sale of valuable property to satisfy the debt.
Our client needed immediate legal intervention to protect her property rights while ensuring all legal procedures were properly followed by the creditor bank.
Our Legal Strategy
Our office identified a critical procedural deficiency: the law requires that prior to submitting a request for executive attachment on real property, the debtor must be served with a written notice sent by registered mail with acknowledgment of receipt.
We carefully examined the bank's compliance with this fundamental requirement and prepared our defense based on the absence of proper legal notice, which renders any attachment unlawful.
Case Timeline
From initial consultation to complete victory through all court levels
Successful Resolution
The Honorable Judge initially rejected the bank's petition due to the absence of proper written notice. When the bank challenged this through a grievance application, our defense remained focused on this fundamental procedural requirement.
Despite the bank's submission of evidence showing notice via Emirates Post, we successfully established that it lacked acknowledgment of receipt - a critical legal requirement. The court dismissed both the grievance and subsequent appeal on the same grounds.
Result: Complete protection of client's property through three levels of court decisions, all in our client's favor, demonstrating the importance of procedural compliance in executive attachment cases.
Key Legal Principle
“Prior to executive attachment of real property, creditors must serve written notice by registered mail with acknowledgment of receipt. Procedural compliance is mandatory and cannot be substituted with alternative methods.”
