Vendere la casa pignorata

riCASAre

28 Jun 202307:00

Summary

TLDRThe transcript discusses the process and implications of selling a mortgaged house, emphasizing that it is a viable option to clear debts and should be seriously considered. It highlights the complexity of the procedure, the necessity of involving experienced professionals, particularly in legal matters, and the potential risks of not taking timely action. The script also mentions the 'saldo e stralcio' technique, which involves paying off the debt at a discount, and stresses the importance of finding a buyer willing to purchase a mortgaged property. It concludes with a call to action for those facing mortgage issues to seek professional advice promptly.

Takeaways

🏠 Selling a mortgaged house is a viable option to clear debts and should be seriously considered if it's the only way to resolve financial issues.
📜 The process of selling a mortgaged house is not simple and should be managed by experts, possibly legal professionals specializing in real estate executions.
🔍 Understanding the steps involved in selling a mortgaged property is crucial, and some steps may be followed in court.
💰 The 'balance and discharge' technique is commonly used to sell a mortgaged house, which involves paying off the debt with a sum of money less than the total debt.
🤝 Finding an agreement with the creditor is key, as they may be willing to accept a discount for immediate liquidity.
🏡 Once an agreement is reached, the sale is finalized in court with a notary present to ensure the creditor is satisfied and the mortgage is cleared.
🕒 Time is of the essence when dealing with a mortgaged house; procrastination can lead to the property being sold at a significantly lower price or even being taken over by the bank.
🚫 Ignoring the issue will not make it go away; it may result in the loss of the house and potentially remaining in debt.
📈 Banks have prepared for this scenario by creating their own real estate agencies to handle the influx of mortgaged properties.
📋 There are other significant issues to manage, such as the amount of debt, the number of creditors, and their types, which can be resolved but require timely action.
📚 A free guide is available for those facing mortgage issues, aiming to provide a comprehensive understanding of the situation and possible solutions.

Q & A

Is it possible to sell a mortgaged house?
-Yes, it is possible to sell a mortgaged house, and in some situations, it might be the only viable option to clear debts.
What is the 'saldo e stralcio' technique?
-The 'saldo e stralcio' technique refers to the closure of a debt position after the payment of a sum of money lower than the debt, essentially a discount on the debt.
What are the advantages for the creditor in a quick sale of a mortgaged property?
-A quick sale of a mortgaged property is a significant advantage for the creditor as they are often willing to offer a discount to obtain immediate liquidity.
What challenges does one face when selling a mortgaged property?
-Selling a mortgaged property can be challenging as it requires finding a buyer willing to purchase a property with a mortgage, which is not a simple task.
Why is it important to involve a legal expert in the sale of a mortgaged property?
-Involving a legal expert is crucial because some steps are followed in court, and if last-minute problems arise, having a professional to protect your interests is essential.
How is the sale of a mortgaged property concluded?
-The sale is concluded in court in the presence of a notary, where the creditor is satisfied, and if there is any remaining money, the seller will collect it.
What happens if there are no buyers in the auction of a mortgaged property?
-If no buyers participate in the auction, banks may request the assignment of the property and become its owners, potentially not even paying the taxes.
What should one do if they have a mortgaged house and limited time to resolve the issue?
-If the only option is to sell the mortgaged house, one should act immediately, as waiting could result in the house being sold at a very low price and still being in debt.
What are some common misconceptions about the sale of mortgaged properties?
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What is the role of a notary in the sale of a mortgaged property?
-The notary plays an indispensable role in the sale, ensuring that the creditor is satisfied and handling the cancellation of mortgages and liens.
How can one prepare for the sale of a mortgaged property?
-One should consult with legal and notary experts, ensure they have the necessary liquidity to settle the debt, and be prepared to negotiate with potential buyers.

Outlines

00:00

🏠 Selling a Mortgaged House: Options and Considerations

This paragraph discusses the possibility and necessity of selling a mortgaged house to clear debts. It emphasizes that while selling a mortgaged property is not a simple process, it can be managed with the right expertise, particularly from legal professionals specializing in real estate executions. The paragraph highlights the importance of understanding the steps involved in the sale, including those followed in court, and the necessity of having a qualified person to protect one's interests. It also touches on the concept of 'saldo e stralcio' (balance and write-off), which involves closing a debt position by paying a sum of money less than the debt, essentially a discount on the debt. The paragraph concludes by stressing the importance of acting promptly to sell the mortgaged house to avoid losing it and potentially remaining in debt.

05:03

🕒 Time is of the Essence: The Urgency of Selling a Mortgaged House

The second paragraph underscores the urgency of selling a mortgaged house due to the limited time available to resolve the issue. It describes the scenario where banks, facing numerous unsold properties from auctions, may end up owning these properties and subsequently selling them on the open market. The paragraph warns that if no buyers participate in the auctions, banks may request the assignment of the property and become its owners, potentially not even covering the taxes. It stresses that inaction could lead to the house being sold at a ridiculously low price and the seller still being in debt. The paragraph ends by mentioning that there are other significant issues to manage, such as the amount of debt and the number and type of creditors, and encourages taking action to sell the mortgaged house without delay.

Mindmap

Keywords

💡pignorata

The term 'pignorata' refers to a property that has been mortgaged or pledged as collateral for a debt. In the context of the video, it emphasizes the seriousness of the situation when a homeowner is unable to pay off their debts, leading to the potential sale of their mortgaged property to clear the debts. The script mentions this term multiple times, highlighting the importance of understanding the process of selling a mortgaged property.

💡debts

Debt refers to the money that is owed by one party to another. In the video, the focus is on the debts associated with a mortgaged property. The script emphasizes the difficulty of managing and clearing these debts, especially when the property is the only option available to settle them. The concept is central to the video's theme, as it explores the implications of having a mortgaged property and the potential need to sell it to clear debts.

💡saldo e stralcio

Saldo e stralcio is an Italian legal term used in the context of debt settlement, which translates to 'outstanding balance and write-off' in English. It refers to the process of closing a debt position by paying an amount less than the total debt owed, effectively writing off the remaining balance. In the video, this concept is presented as a technique to sell a mortgaged property, where the homeowner and the creditor agree on a discounted payment to settle the debt and facilitate the property's sale.

💡creditore

In Italian, 'creditore' means 'creditor' – a person or entity to whom money is owed. In the context of the video, the creditor is the party who holds the mortgage on the property and is owed money by the homeowner. The script discusses the importance of reaching an agreement with the creditor to sell the mortgaged property and settle the debt, highlighting the creditor's role in the process.

💡notaio

A 'notaio' is an Italian legal professional, similar to a notary public in English-speaking countries. They are responsible for drawing up and certifying legal documents, such as property sale contracts. In the video, the role of the notaio is emphasized as indispensable in the process of selling a mortgaged property, ensuring that the transaction is legally sound and that the creditor's interests are protected.

💡astra

In the context of the video, 'astra' refers to a public auction, specifically for the sale of mortgaged properties. It is a legal procedure where the property is sold to the highest bidder. The script warns against the risks of selling a property at auction, such as the property being sold at a significantly reduced price, which may not be enough to clear all debts.

💡liquidità

Liquidità, or liquidity in English, refers to the ability to convert assets into cash quickly and without loss of value. In the context of the video, it is crucial for the homeowner to have the necessary liquidity to pay off the debt associated with the mortgaged property. The script emphasizes the importance of finding a buyer willing to purchase a property with a mortgage and having the funds available to settle the debt.

💡esecuzioni immobiliari

Esecuzioni immobiliari, or real estate executions, refer to the legal process through which a creditor enforces their rights to a property that has been pledged as collateral for a debt. This process can involve the sale of the property to recover the owed amount. In the video, the term is used to describe the specialized legal field involved in handling the sale of mortgaged properties and the importance of seeking expert advice in this area.

💡cancellazione delle ipoteche e del pignoramento

The term 'cancellazione delle ipoteche e del pignoramento' refers to the cancellation or discharge of mortgages and liens on a property. This is the desired outcome for a homeowner looking to sell their mortgaged property, as it would free them from their debts and clear the property's title. The video script highlights the importance of this step in the process of selling a 'casa pignorata', ensuring that the homeowner is no longer burdened by the debts associated with the property.

💡tempo

In the context of the video, 'tempo' refers to the time available for the homeowner to resolve the issue of their mortgaged property. The script emphasizes the urgency of the situation, as waiting for a miracle or delaying decision-making can lead to negative outcomes, such as the property being sold at a low price or the homeowner losing the property entirely.

💡Equitalia

Equitalia is an Italian tax collection agency responsible for recovering taxes and other public dues. In the video, the mention of Equitalia refers to one of the potential debts that a homeowner with a mortgaged property might be facing. The script suggests that while most problems, including those related to Equitalia, can be resolved, the time constraint is a significant obstacle.

💡Guida gratuita

The term 'Guida gratuita' refers to a free guide or resource provided to help individuals navigate a particular issue. In the video, the script mentions the creation of a free guide to explain the process of dealing with a mortgaged property and the mistakes to avoid. This guide is intended to offer comprehensive answers and support to those facing the dilemma of selling a mortgaged property.

Highlights

Vendere una casa pignorata è possibile ed è l'unica opzione per cancellare i debiti in alcune situazioni.

La vendita di una casa pignorata richiede una comprensione adeguata dei vari passaggi coinvolti.

La vendita di una casa pignorata e la cancellazione dei debiti non è un processo semplice e dovrebbe essere gestita da persone esperte, possibilmente legali specializzati in esecuzioni immobiliari.

Il processo di vendita di una casa pignorata include alcuni passaggi che vengono seguiti in tribunale.

Per vendere una casa pignorata, è necessario trovare un acquirente disposto a comprare un immobile con pignoramento.

La vendita di un immobile in asta non è molto differente da una normale compravendita, ma attira persone per il significativo sconto sul prezzo.

Una volta trovato l'accordo con il creditore, è necessario avere la liquidità per saldare il debito.

La parte più difficile del processo di vendita è trovare un accordo con l'acquirente.

La figura del legale con l'ausilio del notaio è indispensabile per una vendita di casa pignorata.

La compravendita verrà conclusa in tribunale alla presenza di un notaio, che soddisferà il creditore e occuparsi della cancellazione delle ipoteche e del pignoramento.

Il rischio di vendere la casa pignorata all'asta è che potrebbe essere venduta ad un prezzo molto basso e rimanere ancora debitore.

Le banche possono creare agenzie immobiliari per gestire le aste e riportare gli immobili sul mercato libero se non vengono venduti.

Non pagare le tasse sull'immobile può essere un problema aggiuntivo per il proprietario della casa pignorata.

La vendita della casa pignorata è un'opzione da considerare seriamente se si desidera evitare la perdita della casa.

Esistono altre problematiche importanti da gestire oltre alla vendita della casa pignorata, come la quantità del debito e la tipologia dei creditori.

La presenza di Equitalia tra i creditori può complicare ulteriormente la situazione.

Non prendere una decisione sulla casa pignorata è equivalente a perderla definitivamente.

Una guida gratuita è disponibile per aiutare i proprietari di case pignorate a trovare la migliore soluzione al pignoramento.