Liberazione delimmobile pignorato prima della vendita

riCASAre

28 Jun 202306:12

Summary

TLDRThe transcript discusses the critical issue of mortgaged property liberation, highlighting the importance of addressing this matter during a real estate auction. It emphasizes the potential for emotional and financial damage due to a lack of awareness about the liberation process. The guide explores various solutions to mortgage issues, focusing on the release of mortgaged property, legal obligations, and the possibility of continuing to live in the property during and after the mortgage phase. It also covers the distinction between registered and communicated rental contracts, the rights of enjoyment, and the implications of marital home assignments in the presence of minors. The summary underscores the necessity of prompt action to resolve mortgage-related problems.

Takeaways

😥 Releasing a foreclosed property is a major concern for those facing a real estate auction, often leading to despair when hopes of keeping one's home are dashed.
🔥 Many involved in a foreclosure process tend to underestimate the importance of property release, delaying the search for solutions due to irrational denial of the situation.
😢 Lack of awareness about foreclosure can result in significant economic and emotional damage.
📝 Article 560 of the Civil Procedure Code regulates the release of foreclosed properties, granting execution judges the authority and obligation to proceed with the release.
🚫 In specific circumstances, such as when dealing with a primary residence, the law may allow individuals to continue living in the property until the transfer decree is issued.
🛡️ Early property release can occur if the debtor is uncooperative or their obstructive behavior hinders the regular proceedings of the property's auction sale.
💰 Lease contracts can provide some protection against eviction from a foreclosed property, with registered or formally communicated leases offering different levels of security.
📈 Rights of enjoyment like habitation, use, and usufruct can be ineffective if registered after a mortgage has been noted on the property.
👪 Allocation of the marital home in the event of separation or divorce with minors involved can protect the residence from being released until the children reach adulthood or financial independence.
🛠️ Opposing the release of a sold property at auction is possible under certain conditions, though it does not guarantee indefinite residence.

Q & A

What is the main concern for those facing a mortgage auction?
-The main concern for those facing a mortgage auction is the potential loss of their home and the emotional and financial impact that comes with it.
Why do many individuals involved in a mortgage process underestimate the importance of releasing the mortgaged property?
-Many individuals involved in a mortgage process underestimate the importance of releasing the mortgaged property due to a rational denial of the situation, which can lead to significant economic and emotional damages.
What does Article 560 of the CPC state regarding the release of a mortgaged property?
-Article 560 of the CPC grants the judge of execution the power and obligation to ensure the release of the mortgaged property, typically allowing the debtor to continue living in the property during the mortgage phase, especially if it is their primary residence.
Under what circumstances can the judge order the early release of a mortgaged property?
-The judge can order the early release of a mortgaged property when the debtor is uncooperative, their obstructive behavior hinders the regular procedures for the property's sale, the occupant lacks necessary authorizations, or the debtor does not reside in the mortgaged property, making it difficult to support potential buyers' visits during the auction.
What are the possible scenarios where one can oppose the release of a sold mortgaged property at auction?
-Opposition to the release of a sold mortgaged property at auction is possible but does not imply the right to live in the property indefinitely. It offers the possibility to continue living in the property for a significant period.
How do rental contracts affect the release of a mortgaged property?
-Rental contracts can be registered or simply communicated. Registration involves notifying the Revenue Agency of the rental contract, while transcription is the act of recording the right in the land registry. Transcription offers greater protection as it establishes the contractual positions chronologically.
What happens if a rental contract is registered before the mortgage but after the bank has recorded the mortgage?
-If a rental contract is registered before the mortgage but after the bank has recorded the mortgage, the tenant will not be able to maintain the property. However, if the rental contract is transcribed, it is possible to live in the property until the contract expires, including a period longer than 9 years if provided by the contract itself.
How does the right to enjoyment and the release of a mortgaged property work?
-The right to enjoyment, such as the right to inhabitation, use, and usufruct, can become useless if transcribed after the registration of a mortgage. According to Article 2812 of the Civil Code, if a right of inhabitation is transcribed after the mortgage but before the bank records the mortgage, the property can be maintained.
What is the process for the assignment of the family home in the presence of minors in case of separation or divorce?
-In the presence of minors, the family home is assigned to one of the spouses, usually the wife, to meet the children's needs until they reach the age of majority or economic independence. The timing of the mortgage and the bank's recording of the mortgage can lead to different scenarios regarding the release of the mortgaged property.
Can the assignment of the home be used to oppose the release of a mortgaged property?
-The assignment of the home can be used to oppose the release of a mortgaged property if it is transcribed before the mortgage but after the registration of the mortgage. However, if the assignment is not transcribed but has a certain date preceding the mortgage, it has a duration of nine years from the date of assignment. If the assignment is subsequent to the mortgage, it has no value to oppose the release of the property.
What is the importance of promptly addressing the situation of mortgaged property?
-Promptly addressing the situation of mortgaged property is essential for finding a solution and preventing further legal and financial complications. It is crucial to understand the legal obligations and rights associated with the mortgaged property to protect one's interests.

Outlines

00:00

🏠 The Importance of Mortgaged Property Liberation

This paragraph discusses the critical issue of mortgaged property liberation, which is a major concern for those facing a real estate auction. It highlights the emotional and economic damages that can result from underestimating the importance of liberating the mortgaged property. The paragraph emphasizes the need for awareness and timely solutions to avoid negative outcomes. It introduces the legal framework surrounding property liberation, including the rights to continue living in the property during the mortgage phase, especially for the primary residence. The article 560 of the Civil Procedure Code (CPC) is mentioned, which grants judges the power and duty to ensure the property's liberation. The paragraph also outlines scenarios where the release of the property can be accelerated by the judge, such as non-cooperation from the debtor or lack of necessary authorizations for the occupant. It concludes by discussing the possibility of opposing the release of the auctioned property and the conditions under which this can occur.

05:02

📜 Lease Contracts and Property Liberation

This paragraph delves into the specifics of lease contracts in relation to mortgaged property liberation. It distinguishes between registered and merely communicated lease contracts, highlighting the benefits of registration in terms of legal protection and the establishment of contractual positions. The paragraph explains that a registered lease contract allows continued residence for the contractual period, up to a maximum of 9 years if it predates the mortgage. If the lease is also transcribed, the residence can be extended beyond 9 years as per the contract terms. It also addresses the implications of rent payments and the potential for eviction proceedings if payments are not made according to market parameters. Additionally, the paragraph discusses the rights of enjoyment, such as the right to inhabitation, use, and usufruct, and their limitations when transcribed after a mortgage registration. It concludes by examining the impact of spousal home assignments on property liberation, particularly in cases of separation or divorce involving minors.

Mindmap

Keywords

💡liberation of mortgaged property

The process of freeing a mortgaged property from the lien or claim that has been placed on it. In the context of the video, this is a primary concern for individuals facing a real estate auction and hoping to maintain their residence. The video emphasizes the importance of understanding and addressing this issue to avoid severe economic and emotional damages.

💡real estate auction

A public sale of real estate property, typically conducted by a court-appointed official due to the property owner's inability to meet their financial obligations. The video highlights that the hope of maintaining one's home can be dashed by such auctions, leading to despair.

💡judicial authority

Refers to the power and obligations conferred by law to judges in the context of mortgaged property liberation. The video explains that judges have the authority to manage the release of mortgaged property according to the legal framework.

💡rent contract registration

The act of officially recording a rent contract with the relevant authorities, which provides legal protection and establishes the chronological order of contractual rights. In the video, this is important for tenants as it can affect their right to continue living in the property after mortgage liberation.

💡right of enjoyment

Legal rights such as the right to inhabit, use, and enjoy the benefits of a property. These rights can become ineffective if they are recorded after the registration of a mortgage, as per Article 2812 of the Italian Civil Code. The video explains how these rights relate to the liberation of mortgaged property and the conditions under which they can be maintained.

💡marital home assignment

A legal arrangement that occurs in cases of separation or divorce, where the marital home is assigned to one of the spouses, usually to meet the needs of the children until they reach majority or economic independence. The video discusses how this assignment can impact the liberation of a mortgaged property.

💡non-payment of rent

The failure to pay the agreed-upon rent, which can lead to legal consequences such as eviction proceedings. In the context of the video, this is a critical factor that can affect a tenant's right to remain in a mortgaged property.

💡procrastination

The act of delaying or postponing action, which in the context of the video, is highlighted as a common issue among those involved in mortgage processes. It can lead to underestimating the importance of addressing the mortgage situation promptly, resulting in negative outcomes.

💡irrational denial

A psychological state where an individual refuses to accept the reality of a situation, often leading to negative consequences. In the video, this concept is used to describe the behavior of those who fail to recognize the severity of their mortgage situation, thus delaying necessary actions.

💡economic damages

The financial losses incurred due to a situation or action, such as the failure to address a mortgaged property issue. The video emphasizes that a lack of awareness about the mortgage liberation process can lead to significant economic damages for the property owner.

💡emotional damages

The psychological or emotional harm that individuals may experience as a result of a distressing event or situation, such as the loss of a home due to mortgage issues. The video highlights the importance of understanding the full impact of mortgage liberation on both economic and emotional well-being.

💡tenant's rights

The legal rights of a tenant, which can include the right to continue living in a property under specific conditions. In the context of the video, these rights are crucial for tenants facing the possibility of eviction due to the liberation of a mortgaged property.

Highlights

The liberation of mortgaged property is a primary concern for those facing a real estate auction, as it can lead to the loss of one's home and cause despair.

Many subjects involved in a mortgage process tend to underestimate the importance of the liberation of the mortgaged property, often due to an irrational denial of the situation.

Lack of awareness about the mortgage situation can lead to serious economic and emotional damages.

This guide explores various solutions to real estate mortgage, focusing mainly on the liberation of the mortgaged property.

The release of the mortgaged property is regulated by Article 560 of the Code of Civil Procedure (CPC), which grants the judge the power and obligation to ensure the property's liberation.

The possibility to continue living in the mortgaged property during the mortgage phase is usually granted, especially if it is the primary residence, up to the mission of the Transfer Decree.

In some cases, the judge may anticipate the release of the property if the debtor is uncooperative or if the occupant lacks necessary authorizations.

There are instances where one can oppose the release of the mortgaged property sold at auction, but this does not imply the right to live in the property indefinitely.

Opposition to the release of the mortgaged property is possible when a rental contract is registered or simply communicated.

It is crucial to distinguish between registered and communicated rental contracts, as registration offers greater protection by establishing the chronological order and guaranteeing contractual positions.

If the rental contract is registered before the mortgage and has an earlier date, one can continue living in the property for the entire contractual period up to a maximum of 9 years.

If the rental contract is transcribed, it is possible to live in the house until the contract's expiration, including a period longer than 9 years if provided by the contract itself.

These situations guarantee the right of stay only if the rent is paid regularly and is not below market parameters.

In case of non-payment, an eviction procedure can be initiated.

Enjoyment rights, such as the right to inhabitation, use, and usufruct, can become useless if transcribed after the registration of a mortgage.

If you have transcribed a right of inhabitation before the mortgage but after the bank has transcribed the mortgage, you will not be able to maintain the property.

In the presence of minors, the house assignment in the event of separation or divorce is assigned to one of the spouses, usually the wife, to meet the children's needs.

The house assignment's duration is precise, lasting nine years from the assignment date, depending on the timing of the mortgage and the bank's mortgage registration.

An assignment subsequent to the mortgage has no value in opposing the release of the mortgaged property.

This guide aims to be useful in addressing any problems related to mortgage, reminding that promptly facing the situation is essential to finding a solution.