Pignoramento immobiliare e ipoteca

Summary

The script discusses the concepts of mortgage and property seizure, highlighting their differences and characteristics. It explains that property seizure initiates a forced expropriation process, while a mortgage is a real estate guarantee given to a creditor. The script outlines four types of mortgages: voluntary, judicial, tax, and legal, each with specific functions and durations. It also clarifies the ranking of mortgages in case of property auction and emphasizes the importance of understanding these financial instruments for property transactions and debt recovery.

Takeaways

• 🏠 **Mortgage and Property Lien**: The script distinguishes between 'pignoramento immobiliare' (property lien) and 'ipoteca' (mortgage), clarifying that they are related but not synonymous concepts used in real estate transactions and enforcement procedures.
• 🔍 **Property Lien Process**: A property lien marks the beginning of a forced expropriation process. Once registered, it initiates procedures aimed at selling the property at auction.
• 📚 **Further Information on Lien**: The script suggests reading a free ebook for more information on property liens, indicating that there is additional, detailed content available on this topic.
• 💰 **Mortgage as a Guarantee**: A mortgage is a real estate guarantee right granted to a creditor over an immovable property within the context of real estate executions.
• 🤝 **Voluntary Mortgage**: Voluntary mortgages are provided to creditors to grant a loan, minimizing risk. For example, when borrowing from a bank, a voluntary mortgage is often involved, with the bank registering the mortgage on the property.
• 📋 **Registration and Protection**: The voluntary mortgage is registered with the land registry office, protecting the bank in case the debtor defaults on their debt. The creditor has strong protections to recover the credit through a sale.
• 🕒 **Duration and Renewal**: Mortgages have a duration of 20 years and do not automatically extinguish upon the sale of the property to third parties. If not extinguished before the term ends, it must be renewed.
• 🏛️ **Judicial Mortgage**: A judicial mortgage is registered when there is a court order for payment. Unlike voluntary mortgages, it is not based on the parties' will but is established by a judge.
• 💳 **Tax Collection Mortgage**: The Equitalia mortgage is a form of guarantee that the tax collection agency obtains when a taxpayer does not pay their tax debts. It can only be registered for debts over €20,000, particularly on the main residence.
• 🔄 **Legal Mortgage**: The legal mortgage is a less known form used to guarantee the seller in a real estate transaction for unpaid sums at the time of the agreement. It is rarely used due to high costs and the typical simultaneous payment.
• 📈 **Degree of Mortgage**: The degree of a mortgage is crucial and depends on the chronological order of registration in the land registry. The first registered mortgage is considered the most important.
• 🔄 **Distribution of Proceeds**: In the event of an auction of a seized property, rules must be followed for the distribution of credits. The first and second-degree creditors are fully satisfied, while others may not be, and can seek recovery from the debtor's other assets.

Q & A

What is the difference between 'il pignoramento immobiliare' and 'l'ipoteca'?

Il pignoramento immobiliare is the beginning of the forced expropriation process, while l'ipoteca is a real estate mortgage right granted to a creditor over an immovable property.

What happens when a property is registered for 'il pignoramento immobiliare'?

When a property is registered for il pignoramento immobiliare, all procedures to sell the property at auction begin.

How is 'l'ipoteca volontaria' different from 'l'ipoteca giudiziale'?

L'ipoteca volontaria is a voluntary mortgage provided to a creditor to grant a loan, minimizing risk, whereas l'ipoteca giudiziale is a court-ordered mortgage that does not depend on the will of the parties involved and is established by a judge.

What is 'l'ipoteca esattoriale'?

L'ipoteca esattoriale is a form of guarantee that Equitalia obtains when a taxpayer does not pay their tax debts. It can only be registered for debts over 20,000 euros, particularly on the first home.

What is 'l'ipoteca legale' and when is it used?

L'ipoteca legale is a rarely used form of mortgage to guarantee a seller in a real estate transaction for any unpaid sums at the time of the draft. It should be an automatic operation but is often waived in a notary office due to high costs and because payment is usually made simultaneously for the full agreed amount.

How does the 'grado dell'ipoteca' affect the distribution of funds in a property auction?

The 'grado dell'ipoteca' depends on the chronological order of registration in the land registry. In a property auction, the claims of the first-degree mortgage will be satisfied first, followed by the second-degree, and so on.

What happens to the property's mortgages and liens after it is sold at auction?

Once the mortgaged property is sold, all prejudicial liens and mortgages are canceled in a simple manner.

How long does a voluntary mortgage last and what happens if it is not extinguished before the end of this period?

A voluntary mortgage lasts for 20 years. If it is not extinguished before this term, it must be renewed.

In the context of property auctions, how are the funds distributed among different creditors?

The funds are distributed according to the priority of the mortgages. The first-degree mortgage is satisfied first, followed by the second-degree, and so on. Creditors with lower priority may not be fully satisfied and will continue to have the possibility to recover their claims from any other assets of the mortgagor, but not from the sold property.

What is the role of the land registry in the process of 'il pignoramento immobiliare' and 'l'ipoteca'?

The land registry plays a crucial role as it is where both 'il pignoramento immobiliare' and 'l'ipoteca' are registered, providing a public record of these property rights and encumbrances.

How can one protect themselves if they are a creditor with a mortgage on a property?

A creditor can protect themselves by ensuring that their mortgage is registered with the land registry, which gives them specific rights to recover their debt through the sale of the mortgaged property.

What should one do if they have issues related to property mortgages?

If one has doubts or problems related to property mortgages, they should contact the relevant authorities or seek legal advice to address their concerns.