Pignoramento immobiliare- Ecco Quello che Devi Sapere

Summary

The transcript discusses the concept of mortgage foreclosure, detailing the process and its implications for debtors and creditors. It explains that foreclosure can be initiated by any creditor for any amount and that Equitalia, a tax collection agency, is the only entity that cannot initiate such action. The script also covers the changes in foreclosure rules in 2015 and 2016, the possibility of transferring property for free, and the conversion of mortgage through payment plans approved by a judge. It further discusses the effectiveness of foreclosure, the potential for property sale at auction, and the rights of the debtor to limit excessive mortgage. The transcript also touches on the specifics of mortgage in community property and the minimum value for initiating foreclosure.

Takeaways

• 🏠 **Definition of Mortgage**: Mortgage is the forced disposal of a debtor's real estate to satisfy an economic creditor's claim through a real estate execution procedure.
• 🚫 **First Home Mortgage**: "The mortgage of the primary residence can be initiated by any creditor for any amount, except Equitalia, which is legally restricted."
• 🤔 **Equitalia's Role**: "Equitalia, although restricted from initiating a mortgage on the primary residence, can participate in the auction if another creditor has initiated the process due to unpaid debt."
• 🔄 **Changes in Mortgage Rules**: "Mortgage rules underwent significant changes in 2015 and 2016, affecting the execution procedure and the debtor's ability to resolve the mortgage by paying the debt in installments."
• 🎁 **Free Transfer of Property**: "If real estate is transferred for free (e.g., donation or trust), the creditor can register the mortgage within a year of the deed's transcription, potentially invalidating the property transfer."
• ⏳ **Exploitation of Free Transfer**: "The mortgage can be exploited within five years from the transcription of the free transfer, facilitating the creditor's action."
• 💰 **Debt Conversion**: "Debt conversion is a tool that allows the debtor to resolve the mortgage by paying the debt in installments to the creditor, subject to the court's authorization."
• 📉 **Payment Plan Approval**: "For debt conversion, a sixteenth of the debt amount must be paid upfront, and the remaining part can be paid in 48 installments if permitted by the judge."
• ⏰ **Mortgage Effectiveness**: "A mortgage loses effectiveness if not requested within 45 days of the assignment or sale, calculated from the time of the mortgage transcription."
• 🛍️ **Real Estate Auction Offers**: "Article 571 of the CPC allows offering 75% of the auction base price, potentially leading to quick sales of the property at a lower value."
• 🔍 **Visiting Mortgaged Property**: "The judicial custodian must allow visits to the mortgaged property within 15 days of request, without contact between potential buyers and the debtor."
• 🏡 **Assignment of Mortgaged Property**: "If no one participates in the real estate auction, the creditor can request the property to be assigned to them or a third party, providing an alternative to liquidation."

Q & A

What is the definition of real estate pignoratment?

Real estate pignoratment is the forced exploration of a debtor's real estate assets to satisfy the economic demands of a creditor who has requested the initiation of a real estate execution procedure.

Can the first home be subject to pignoratment?

Yes, the first home can be subject to pignoratment by any creditor for any amount. However, Equitalia, as a tax collection agency, is legally restricted from initiating such action.

What is the role of Equitalia in the auction of the first home?

Equitalia can participate in the real estate auction of the first home when the execution action is initiated by another creditor. For instance, a bank may act because the debt is not being honored, and Equitalia will insert itself into the execution procedure to claim its debt.

How has the real estate pignoratment changed in recent years?

The real estate pignoratment has undergone significant rule changes in 2015 and 2016. These changes have had a considerable impact on the execution procedure, making it more complex and detailed.

What is the effect of a gratuitous transfer of real estate on pignoratment?

If a property is transferred gratuitously to a third party, such as through a donation or trust, the creditor can register the pignoratment within a year of the deed's transcription, thereby invalidating the property transfer.

What is the new version of pignoratment and how does it work?

The new version of pignoratment is the conversion of pignoratment, which allows the debtor to resolve the pignoratment by paying the debt in installments to the creditor. This requires the authorization of the execution judge and the debt must be fully honored, including all expenses and interests until the complete termination of the execution procedure.

How is the installment plan granted by the judge in the conversion of pignoratment?

To grant the installment plan, a sixth of the debt amount must be paid upfront, and the remaining part can be paid in 48 installments if the judge allows it.

What happens if the pignoratment is not requested within 45 days?

If the pignoratment is not requested within 45 days, the pignoratment loses its effectiveness. This period is calculated from the time of the pignoratment transcription.

How can a creditor offer at a real estate auction?

According to Article 571 of the CPC, a creditor can offer 75% of the auction base price. This rule change is intended to encourage potential buyers and shorten the sale times, increasing competition in the auction.

What is the significance of allowing the visit of the pledged property?

The visit of the pledged property must be permitted by the judicial custodian within 15 days of the request. This ensures transparency and allows potential buyers to assess the property, which can stimulate interest and competition in the auction.

What are the two possibilities for a creditor when there are no bidders at an auction?

The creditor can either request the sale of the property at the auction, where the property is sold and the proceeds are collected, or request the assignment of the property to themselves or a third party if there are no bids.

How can a debtor protect themselves from excessive pignoratment?

A debtor can use Article 496 of the CPC to reduce the pignoratment if it is disproportionate. This is applicable when the pignoratment exceeds a reasonable measure, but not when only one asset is pledged and that asset is indivisible.