A family from Chișinău municipality’s Băcioi commune has lost their apartment after their son acted as a guarantor for a 1,515 euros (30,000 lei) loan made out to a man he barely knew. Because he failed to understand the terms and conditions of the loan, the financial institution that supplied it recovered the debt by seizing the guarantor’s apartment. It was then sold for less than market price in a suspicious closed auction. The buyer was the bailiff’s brother-in-law.

In 2013, the family bought the apartment for over 20,000 euros (396,042 lei). The family had invested their life savings in the apartment, which they gave to their 20-year-old son, Artur Maidan, in 2015. When he agreed to guarantee the aforementioned loan – in exchange for just 50.50 euros (one thousand lei) – he didn’t have any other goods registered in his name and used the apartment as collateral.

After it was seized, bailiff George Boțan sold the property to his former brother-in-law, Gheorghe Rață, for just 6,000 euros (118,812 lei) at a dubious auction. According to ZDG’s past reports, the bailiff’s brother-in-law is known to have obtained other goods in Chișinău through similar procedures. 

Artur’s mother, Nina Maidan, had been living in a 46 square meters apartment in the Băcioi suburb of Chișinău since 2013. To buy the apartment, she worked in Italy for a long period of time, while her husband worked in construction. In 2013, they also sold their village home in the Cantemir district in order to purchase the flat. They bought the apartment so they could be closer to their son, Artur, who was studying in Chișinău. 

In 2015, Artur’ s parents decided to give the apartment to their 18-year-old son and so the house was registered in the young man’s name. When he was later in need of money, Artur agreed to transport cars from Ukraine to Poland in exchange for 50.50 euros (one thousand lei). There he met Alexander Ixar, who was then 40 years old. Alexander asked Artur to become a guarantor for a 1,515 euros (30,000 lei) loan in exchange of 1 thousand lei, telling him that he was risking nothing. 

One thousand lei signature that brought tens of thousands in debt 

“He claimed that he wants to buy walnut-kernel at a low price and sell it at a higher price, and immediately, in a few days, he will return this amount of money. Artur went and signed some documents there. They didn’t even show him the documents. They simply put it down and [he]signed it, but he did not manage to read what they wrote there. Yes, he received one thousand lei for this,” explained Artur’s mother, Nina Maidan. 

She heard the story from her son when a court ruling was sent to their home, notifying them that the original sum of 1,515 euros (30,000 lei) had gone up to more than 2,222 euros (44,000 lei) as a result of additional penalties and tax.

The documents ZDG consulted confirm that, on September 21, 2017, Alexander Ixar took out a three-month loan of 1,515 euros (30,000 lei) from the Chișinău-based microfinance company Rosst-X. Artur’s name appears on the document  as a guarantor. 

On October 2, 2017, the same thing happened again, but this time the roles were reversed. Artur Maidan contracted a 1,515 euros (30,000 lei) loan and Alexander Ixar’s acted as the guarantor. Artur’ s mother claims that the money only went to the 40-year-old man, not her son. 

“Ixar calls him and tells him that he bought walnut-kernel, but someone stole it and wants to take another 1,515 euros (30,000 lei). He said this time he would be more careful. Artur went, signed. Ixar took all the money,” Maidan said.

The Maidan family home, the only collateral available

After the expiration of the three months, the microfinance company went to the Edineț District Court and requested that Alexander Ixar and Artur Maidan pay the accumulated debt, worth over 2,222 euros (44,000 lei). 

On February 12, 2017, the court ruled that Ixar and Maidan must repay the accumulated debt together, in equal parts. After receiving the court order to collect the amount, the Maidan family filed a complaint with the police. They demanded that Alexander Ixar be held criminally liable, on the grounds that Artur had been deceived. The criminal case has been sent from one institution to another, but to this day it has not been resolved.

In the meantime, the ordinance instructing Artur Maidan and Alexander Ixar to pay 2,222 euros (44,000 lei) reached the bailiff, George Boțan. 

In March 2018,  Boțan applied a sequester to the Maidan’s family apartment in Băcioi and initiated debt collection procedures. Because no movable or immovable property was found in the name of Alexander Ixar, Artur Maidan was expected to repay the debt on his own – and the apartment in Băcioi was the only collateral available to settle the debt. 

A 46 square meter apartment, sold for 6,000 euros

According to the information in the case, in May 2018, the bailiff George Boțan came to the company Gofma Consulting, requesting the appraisal of the aforementioned apartment registered in the name of Artur Maidan. The asset was assessed at the amount of 11,968 euros (237,000 lei). 

The bailiff announced three public auctions in the same newspaper, Dreptul, an anonymous periodical publication, founded by the Moldovan Union of Jurists and the Moldovan Law Academy. 

Boțan announced the first public auction for the sale of the apartment at 9,575 euros (189,600 lei); 20 percent less than the appraisal price. Because no auction participants were registered, the auction did not take place. A repeat auction was set for January 14, 2019 and the apartment was put up for sale at a price reduced by another 10 percent (around 8,615 euros or 170,600 lei). Again the auction did not take place, because no participants were registered. 

At the third auction, organized on February 11, 2019, the apartment was put up for sale at 50 percent of the initial appraisal price. Two people participated to the auction, Mihail Pahomi and Gheorghe Rață. The latter was awarded the piece of  real estate for around 6,000 euros (119,100 lei ), only 30.30 euros (600 lei) above the starting price at the auction. 

Nina Maidan says that her family’s apartment was sold at the auction on February 11, even though, 4 days earlier, she had paid 758 euros (15,000 lei) to the bailiff.

“I also have a receipt for this 15,000 we returned and Ixar has returned 758-808 euros (15,000-16,000 lei ). So this means the first sum is returned. But this was not taken into account and, on February 11, Mr. Boțan George took my house to auction without informing us. I knew absolutely nothing about it. First, we had to have the right to participate in the auction. After [that[ we gave the money on February 7. They didn’t bother us anymore, so I thought they stopped,” Nina Maidan explained.

”I, with a second degree disability, plus all [of my] family will be rendered homeless”

In April, ZdG reported that Gheorghe Rață (the former brother-in-law of the bailiff George Boțan) also participated in other auctions in which he purchased real estate appraised by representatives of the company Gofma Consulting at below market price. In the cases reported by ZdG, a criminal lawsuit was opened, but it has yet to be resolved.

The Maidan family requested that the Anti-corruption Prosecutor’s Office investigate the actions of the persons involved in the alienation of their Băcioi apartment, but there has been no hearing and no one was called to give testimony on the case. 

Meanwhile, on July 15, 2019, after the courts confirmed the legality of the February 11 auction, Bailiff George Boțan issued an order for the seizure of the Maidan family’s apartment. Although in the ordinance said that the parties have 10 days to challenge the decision, the Maidan family didn’t receive the document until July 30, 2019. By then, the apartment in the Băcioi commune had already been registered in the name of Gheorghe Rață on July 24.

“I went to Mr Boțan about 2-3 weeks ago and I told him: how could you sell the apartment? I told him I would give [back] the 30,000 [lei], as I did not want for my apartment to be sold and for me and my family to be rendered homeless,” Nina Maidan said. “I, with a second degree disability, plus all [of my] family will be rendered homeless. This is not possible. I said I would return the money, but he refused. He said the apartment was already sold. I wanted to return all the money that Ixar took just to keep the apartment, he refused, he did not want to listen.” 

George Boțan: “I have communicated all the consequences that may occur”

Contrary to Nina Maidan’s claims, the bailiff George Boțan maintained that the Maidan family was notified of the risk of losing the apartment in case of default. 

“When I was already at the critical point of tracking assets, I took my trainee bailiff and went to the Maidan’s house. I realized that the apartment belongs to them, but it is in their son’s name. I went into their house and tried to explain to them that if their son does not pay his loan, we will inevitably go in pursuit of the goods. I think I spent an hour with them explaining this. I have communicated to them all the consequences that may occur. I filmed the whole conversation on the phone,” the Baliff said.

Boțan also claimed that the debt for the two credits in which Artur’s name appears, even with penalties, exceeds 5,050 euros (100,000 lei). And that this debt cannot be closed with just 758 euros (15,000 lei). 

The brother-in-law and the auction

Meanwhile, Boțan claims that he warned the family that he had already started the sale of the apartment, but received no response. The bailiff also denied that the Maidan family had not been notified about the apartment’s auction. 

“They received a notice. In addition to the fact that we make a public announcement, we also give written notice on the debtor’s behalf. Believe me, I endeavor to take all measures when the only good the parents possess is for sale. I made every effort to explain to them, so that we would not sell the apartment,” the bailiff said. “Indeed, the debt was not great and they could [have saved] the situation. Unfortunately, I can’t help them with anything. The lender pushes – I have to act. These are my basic prerogatives as bailiff. Inevitably, sooner or later, we get to sell the goods if they do not pay the debt or do not give other goods to cover the debt.”

But when asked about his relationship with his former brother-in-law, Gheorghe Rață, Boțan insisted that selling the apartment to him was a non-issue. 

”This is not a problem. The good was sold objectively and freely at the auction, it was not stolen. I didn’t sell it the second or third day. I stretched the case as far as I could and as much as the legislation allowed me. If there was someone else instead of Raţă, what would change? Nothing,” Boțan said. “I tried to talk to Mr. Raţă and told him that there are already problems and these situations with the auction are [being] misinterpreted. I do not know if he will participate in the auctions again, but I told him again about the problem. It’s his job now, if he wants to – he [can] meet the family, talk and give them back the apartment. That’s their problem and I’m not getting involved in this.”

Anatolie EŞANU, anatolie.esanu@gmail.com
Victor MOŞNEAG, v.mosneag.zdg@gmail.com