Cancellation of a residential foreclosure auction due to violation of the statutory time limit under Article 940A of the Greek Code of Civil Procedure
Papatriantafyllou & Thanasenari has achieved another significant court victory, directly affecting thousands of debtors facing the risk of losing their primary residence. By decision of the Court of Athens, a scheduled residential property auction was annulled following a targeted and thoroughly substantiated legal challenge (opposition to enforcement) filed by our firm.
The case concerned a residential property located in an urban area of Athens, which had been scheduled for auction in December 2025. The enforcement proceedings were initiated on the basis of a payment order and a subsequent formal demand for payment, both of which had been duly served on the debtor. Our firm was instructed at an early stage and promptly filed an opposition challenging both the seizure and the scheduled auction.
The decisive legal ground upheld by the Court
The Court upheld a critical ground of opposition concerning the unlawful conduct of the auction, due to a violation of Article 940A of the Greek Code of Civil Procedure, exactly as argued in our pleadings.
Article 940A GCCP provides that:
- a minimum period of seven months must elapse between the seizure of the property and the auction date; and
- the period from 1 to 31 August is excluded from the calculation of this time limit.
In the present case, the seizure took place on 30 April 2025, while the auction had been scheduled for 10 December 2025. The Court found that the statutory seven-month period had been miscalculated, as the month of August had been unlawfully included, contrary to the explicit provisions of the law.
As a result, the auction was deemed premature and unlawful, leading to the annulment of both the seizure and the scheduled auction.
Significance of the decision for debtors
This ruling constitutes a particularly important precedent for individuals facing enforcement and foreclosure proceedings. In many cases, enforcement actions suffer from critical defects—whether procedural, temporal, or substantive—which may result in their complete annulment, provided that such defects are identified and raised in a timely manner.
At Papatriantafyllou & Thanasenari, we conduct a meticulous review of every enforcement file, thoroughly assess the legality of enforcement measures, and identify decisive violations capable of safeguarding our clients’ property rights.
The success of the present opposition is the direct result of this approach:
identifying substantive legal errors, promptly invoking the applicable legal framework, and advancing well-documented and persuasive legal arguments.
Our legal approach – Boutique litigation with uncompromising standards
As a boutique law firm with a strong focus on litigation and property-related disputes, we do not treat foreclosure auctions as routine or mechanical procedures. Each case represents a high-stakes matter requiring strategic preparation and absolute legal precision.
Our objective is not merely to delay enforcement proceedings, but to secure effective and final legal solutions in favor of our clients. This decision demonstrates that even where the odds appear to be stacked against the debtor, a well-conceived legal strategy can fundamentally alter the outcome.
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