Pignoramento immobiliare- Ecco Quello che Devi Sapere

riCASAre

26 Jun 202312:20

Summary

TLDRThe 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.

Outlines

00:00

🏠 Mortgage Foreclosure Explained

This paragraph discusses the concept of mortgage foreclosure, specifically in the context of Italy. It explains that foreclosure occurs when a debtor fails to honor their payments, leading the creditor to initiate a forced sale of the debtor's real estate to satisfy the debt. The paragraph outlines the process of foreclosure, including the involvement of Equitalia, the Italian tax collection agency, which is prohibited by law from initiating such proceedings. It also touches on the restrictions and exceptions related to the foreclosure of a primary residence, highlighting the complexities and potential outcomes for homeowners facing this situation.

05:00

💰 Forfeiture and Auction Rules

This section delves into the rules governing the sale of forfeited properties in Italy. It explains how the sale process works, including the possibility for creditors to offer 75% of the auction base price, which is the sale price of the property affected by the enforcement procedure. The paragraph provides an example to illustrate how a property listed for sale at 100,000 euros could be sold quickly through this mechanism. It also discusses the potential for banks to assign forfeited properties to their real estate subsidiaries for resale at full market value, highlighting the implications of this practice for the housing market and the efficiency of the foreclosure process.

10:01

👫 Joint Ownership and Foreclosure

This paragraph addresses the intricacies of foreclosure in the context of joint ownership or separation of assets, which can occur in a marriage. It explains how property is treated differently depending on whether the debtor is one of two spouses or both spouses are in debt. The paragraph outlines the process for the seizure and sale of property in these scenarios, including the rights of the non-debtor spouse and the potential for creditors to request the assignment of the property if no bids are received at auction. It also touches on the concept of proportionality in foreclosure, where a debtor can seek to limit the amount of property seized if it is disproportionate to the debt owed.

Mindmap

Keywords

💡Real Estate Pledge

Real Estate Pledge refers to the legal process where a debtor's property is used as collateral to secure a debt. In the context of the video, it is described as the forced exploration of a debtor's real estate assets when they fail to honor their payment obligations. This process is initiated by the creditor to economically satisfy their claim by starting a real estate execution procedure.

💡Equitalia

Equitalia is the Italian tax collection agency that plays a specific role in the real estate pledge process. While it cannot initiate a forced execution on a primary residence, it can participate in the auction of the primary residence if the action is promoted by another creditor. This highlights the agency's involvement in the real estate pledge process and its limitations.

💡Free Transfer of Property

Free Transfer of Property refers to the act of giving real estate to a third party without any compensation, such as through a donation or trust. In the context of the video, this can impact the real estate pledge as creditors have the right to register the pledge within a year from the recording of the act, thus invalidating the transfer of property in this manner.

💡Conversion of Pledge

The conversion of pledge is a tool that allows the debtor to resolve the pledge by paying off their debt in installments to the creditor. This requires the authorization of the execution judge and involves the debtor honoring the debt in full, including all expenses and interests until the complete termination of the execution procedure.

💡Efficiency of Pledge

The efficiency of a pledge refers to the effectiveness of the pledge in securing the creditor's claim and facilitating the repayment of the debt. In the video, it is mentioned that the pledge loses its efficiency if not requested within 45 days of the assignment or sale. This highlights the importance of timely action in the pledge process.

💡Real Estate Auction

A real estate auction is a public sale of property, typically conducted to satisfy a debt or other financial obligation. In the video, it discusses the possibility of offering 75% of the auction base price, which is the sale price of the property affected by the execution procedure. This mechanism is designed to encourage potential buyers and expedite the sale process.

💡Assignment of Property at Auction

Assignment of property at auction refers to the creditor's option to request the property be assigned to them or a third party when there are no bidders at the auction. This allows the creditor to be satisfied not with liquidity but with the pledged property itself.

💡Visiting Pledged Property

Visiting a pledged property refers to the right of potential buyers to inspect the property before purchase. The video mentions that the judicial custodian must allow visits within 15 days of the request, without any contact between the potential buyer and the debtor. This process helps ensure transparency and fairness in the sale of pledged properties.

💡Minimum Value for Pledge

The minimum value for pledge refers to the smallest amount of debt for which a real estate pledge can be initiated. The video clarifies that there is no minimum value for private creditors, meaning any amount can lead to a pledge, even if it seems insignificant.

💡Community of Property

Community of Property refers to a marital property regime where the assets and liabilities of the spouses are shared. In the context of the video, it explains how real estate pledge can develop differently in the community of property versus separation of assets. If a debtor is only one of the spouses, the property will be pledged entirely, while in separation of assets, only the debtor's share is pledged.

💡Reduction of Pledge

Reduction of Pledge is a legal provision that allows a debtor to limit the extent of the pledge when it is disproportionate to the debt. This is governed by Article 496 of the CPC and can be applied when the pledged assets significantly exceed the amount of the debt.

Highlights

The definition of real estate pawning is the forced exploration of a debtor's real estate assets to satisfy an economic creditor.

Real estate pawning can be initiated by any creditor for any amount, with Equitalia being the only entity unable to initiate enforcement proceedings by law.

There is a common misconception that Equitalia's limited legal action is a perfect shield to avoid the start of an enforcement procedure, but this is not the case.

Any creditor, even for a small debt, can request the forced sale of the asset.

Equitalia can participate in the real estate auction of the primary residence when the enforcement action is initiated by another creditor.

The pawning of real estate underwent significant rule changes in 2015 and 2016.

A creditor can write off the pawning within a year from the transcription of the act if a property is gratuitously transferred, such as through donation or trust.

The pawning can be exploited within five years from the transcription of the gratuitous transfer.

The conversion of pawning is a tool that allows the debtor to resolve the pawning by paying the debt to the creditor in installments.

To grant installment payment by the judge in the conversion of pawning, one-sixth of the debt amount must be paid upfront.

The conversion of pawning might be a solution if the debt amount is low, allowing for a manageable monthly rate.

Pawning loses effectiveness if not requested within 45 days from the transcription of the pawning.

The possibility of offering 75% of the auction base price in real estate auctions has been introduced to stimulate potential buyers and shorten sale times.

The visit of the pawned property must be allowed by the judicial custodian within 15 days from the request, without contact between potential buyers and the debtor.

The creditor can request the assignment of the property in an auction if no one participates, or request the transfer to a third party.

A new legal article allows the creditor to transfer the property to third parties, which could lead to banks selling pawned properties on the open market.

If a creditor pawns more properties or does so for an excessive amount compared to the credit, the debtor has the right to limit the pawning to a proportionate measure.

In a community property, the property of shares is indistinguishable, so if only one spouse is in debt, the entire property will be pawned.

There is no minimum value for real estate pawning; any creditor with a title can proceed with pawning, even for small amounts.

The condominium reform has led to pawning for a few thousand euros due to unpaid condominium fees, which previously would not have been logical.