Buying a Polish Property Under Bailiff Seizure or With the Seller's Debts

You've found a property at an attractive price, and the seller tells you "it's just a formality" — because the księga wieczysta (the land and mortgage register — Poland's public register of property titles and charges) shows an enforcement entry, or you already know the seller owes money to creditors. Before you pay a deposit or sign anything, it's worth understanding that this kind of transaction plays by completely different rules to an ordinary purchase — and that some of the risk may only surface after the notarial deed has been signed. This guide explains what to watch for before you commit to buying a Polish property encumbered by a bailiff's seizure or the seller's debts.

This article is general legal information, not legal advice. Buying a property encumbered by a bailiff's seizure or the seller's debts carries risk that depends on the stage of the enforcement proceedings, the exact entries in the land register, and how the creditor behaves — we cannot guarantee the outcome or safety of any particular transaction described here. If you're considering such a purchase, the matter should be assessed by a qualified Polish lawyer or notariusz (a civil-law notary — a public official who drafts and certifies Polish property deeds; a different role from a UK notary public) before you sign anything. Twoja Sprawa is an information and coordination platform, not a law firm — we help you organise the documents and questions for that assessment.

Key points

• A bailiff's seizure of a property is normally disclosed in the land register — as an entry or note in section III, alongside other restrictions on dealing with the property.
• Buying a bailiff-seized property outside an auction is very risky — such a property should generally not be the subject of an ordinary transaction until the debtor's situation has been resolved.
• Disposing of a seized property can turn out to be ineffective against the creditor — even if the sale contract between you and the seller remains valid as such.
• Paying off the debt out of the purchase price doesn't automatically protect the buyer — this requires an agreement with the creditor or bailiff and formal confirmation, obtained before the deed is signed.
• Buying at a bailiff's auction follows a different, formalised procedure — with different safeguards from an ordinary sale before a notary with an indebted owner.
• Always check the current state of the land register via e-KW (ekw.ms.gov.pl) and take advice from a notary or lawyer before entering into any financial commitment.

The enforcement note in section III of the land register — how to spot it

When a creditor takes a case to a bailiff and the debtor's property is seized, this is reflected in the land register — usually as an entry or note in section III, alongside other restrictions on dealing with the property and easements **. The mere existence of a note means an application concerning that register has been received by the court and not yet finally decided — so the content of the register could change before you find out about it.

Checking the land register is free and available online through the ekw.ms.gov.pl portal — you just need the register number. Before any deposit changes hands, it's worth reading the whole of section III and checking whether there's a recent note that could indicate ongoing enforcement proceedings.

Why buying a bailiff-seized property outside auction is risky

A property under a bailiff's seizure formally still belongs to the debtor — they remain registered as the owner in section II of the land register. That doesn't mean an ordinary sale before a notary is safe, though. Such a property generally should not be the subject of a transaction until the debtor's situation has been resolved — until the debt owed to the enforcing creditor has been repaid, or the enforcement proceedings have been finally discontinued or suspended, a sale carries significant risk for the buyer **.

In practice, this means that even if a sale contract is formally signed, the buyer may later face a claim from the creditor who was enforcing against the property before that contract was made.

Relative ineffectiveness of disposing of a seized property

A key concept in this type of case is the relative ineffectiveness (bezskuteczność względna) of disposing of a property after it has been seized by a bailiff. The general logic of this rule is that selling a seized property can remain valid as between the parties to the contract, but be ineffective against the creditor who was enforcing against it — meaning the creditor can continue the enforcement proceedings as if the sale had never happened, regardless of who is formally registered as the new owner **.

For a buyer, this means a scenario in which you pay the price, get registered as owner in the land register, and the property can still end up being sold at a bailiff's auction against the previous, indebted owner. Recovering the price paid from the seller in such a situation can be uncertain and drawn out **.

Paying off the creditor as a condition for a safer transaction

If you're still considering buying a property encumbered by the seller's debt, a key element of transaction safety is typically an agreement with the creditor or the bailiff handling the enforcement, reached before the final contract is signed. By analogy with an ordinary bank mortgage — where the notary agrees the payoff figure with the bank and part of the price is paid directly into the bank's account — with a bailiff's seizure a sensible approach can be to structure payment so that the relevant part of the price goes towards repaying the debt being enforced, with the creditor's or bailiff's confirmed discontinuance or suspension of the enforcement made a condition of signing the notarial deed **.

A seller's mere assurance that they'll "pay off the debt with the buyer's money" is not sufficient protection — without formal confirmation from the creditor or bailiff that the enforcement has been satisfied or suspended, the risk described above remains live.

Buying from an indebted owner vs buying at a bailiff's auction — the differences

It's worth distinguishing two entirely different routes to acquiring an encumbered property:

You can find more on the auction procedure itself in a separate guide dedicated to buying a property at a bailiff's auction — a completely different route from an ordinary contract with an indebted owner, with its own risks and safeguards.

Frequently asked questions

Will a notary even sign a deed if the land register shows an enforcement note?

It depends on the specific case — the notary checks the content of the land register and will normally flag such a note to the parties, but the final assessment of whether, and on what terms, the transaction can safely proceed requires a lawyer's analysis **.

What happens if I buy a bailiff-seized property despite the warnings?

You risk the sale being ineffective against the enforcing creditor, meaning the property could still be sold at a bailiff's auction against the previous owner despite the formal change of ownership. Recovering the money you paid from the seller can then be difficult and time-consuming.

Does paying off the seller's debt from the purchase price guarantee a safe transaction?

Simply handing money to the seller on the understanding that they'll "pay off the debt" is not enough. Safety only comes from formal confirmation from the creditor or bailiff that the enforcement has been satisfied or suspended — ideally before the notarial deed is signed.

Is it safer to buy such a property at a bailiff's auction rather than directly from the debtor?

A bailiff's auction follows a separate, formalised procedure with its own safeguards and stages (such as the provisional award and final award of ownership), different from an ordinary sale contract with an indebted owner. That doesn't automatically mean there's no risk — each route needs its own case-by-case analysis.

Need help with a case like this?

If you're considering buying a property that shows a bailiff's seizure, an enforcement note, or you know the seller has arrears with creditors — describe your situation and we'll pass it on for further analysis. See also these related guides:

• The sections of the Polish land register — what do sections I–IV mean?
• Buying a property at a bailiff's auction in Poland — how it works
• Buying a Polish flat with a mortgage on it — is it safe?

Have a similar case and want to get it in order before deciding? Describe your situation — we'll take a free look — tell us exactly what's shown in the land register, what stage any enforcement proceedings are at, and what documents you already have. Submitting the form does not create any contract.

Last checked: 11 July 2026.