Liberazione delimmobile pignorato prima della vendita

Summary

The 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.