Pignoramento immobiliare e ipoteca

riCASAre

26 Jun 202306:08

Summary

TLDRThe 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.

Outlines

00:00

🏠 Understanding Mortgage and Property Lien

This paragraph explains the difference between 'il pignoramento immobiliare' (property lien) and 'l'ipoteca' (mortgage). It clarifies that while they are related concepts often encountered in real estate proceedings, they are not synonyms and have distinct characteristics. The property lien marks the beginning of the forced expropriation process and involves the registration of the lien, initiating procedures to sell the property at auction. On the other hand, a mortgage is a real estate guarantee right granted to a creditor over an immovable property within the context of real estate executions. The paragraph also introduces the concept of 'voluntary mortgage,' which is provided to a creditor to secure a loan, minimizing the risk, and mentions that the bank registers the mortgage on the property, which is then certified with registration at the land registry office.

05:02

💰 Mortgage Types and Auction Rules

This paragraph delves into the different types of mortgages, including voluntary, judicial, and enforcement mortgages, as well as legal mortgages. It explains that voluntary mortgages are registered with the land registry office to protect the bank in case of debtor default. Judicial mortgages are registered when there is a court order for payment, and enforcement mortgages are used by Equitalia to secure tax debts. Legal mortgages are rarely used to guarantee a seller in a real estate transaction. The paragraph also discusses the concept of mortgage ranking, which depends on the chronological order of registration in the land registry office. It concludes with an example of how debts are settled in an auction of a mortgaged property, highlighting that once a mortgaged house is sold, all mortgages and liens are simply canceled.

Mindmap

Keywords

💡Real Estate Pledge

Real Estate Pledge, or 'pignoramento immobiliare' in Italian, is the initiation of a forced expropriation process. It is a legal action that begins when a pledge is registered, setting in motion procedures aimed at selling the property at auction. This concept is central to the video's discussion on property rights and obligations, as it outlines the start of a process that can lead to the loss of property if certain debts are not settled.

💡Mortgage

A mortgage, or 'ipoteca' in Italian, is a real estate loan where the property serves as collateral for the lender. It is a guarantee provided to a creditor in the context of real estate executions. The video clarifies that a mortgage is not synonymous with a real estate pledge, as it is a guarantee for a creditor to secure their claim, rather than the start of an execution process. Mortgages can be voluntary, judicial, tax, or legal, each with specific characteristics and procedures.

💡Voluntary Mortgage

A voluntary mortgage is a type of guarantee given by a borrower to a lender, such as a bank, to secure a loan. It is the most common form of mortgage and is characterized by the registration of the mortgage on the property with the land registry office. This type of mortgage protects the lender, such as a bank, in case the debtor fails to fulfill their debt. The video emphasizes that a voluntary mortgage follows the property, meaning it does not automatically extinguish upon sale to third parties and has a duration of 20 years, after which it must be renewed.

💡Judicial Mortgage

A judicial mortgage is a form of guarantee that is established by a court order when there is a judgment for the payment of a sum of money or compensation for damages. Unlike voluntary mortgages, judicial mortgages are not dependent on the will of the parties involved but are determined by a judge. They are registered with the land registry office to protect the creditor's interests.

💡Tax Mortgage

A tax mortgage, or 'ipoteca esattoriale', is a form of guarantee obtained by the tax collection agency (Equitalia in Italy) when a taxpayer fails to pay their tax debts. It is a specific type of mortgage that can only be registered for debts exceeding €20,000, particularly on primary residences. Unlike other mortgages, the registration of a tax mortgage and the unpaid debt do not lead to the expropriation of the property.

💡Legal Mortgage

A legal mortgage is the least known and rarely used form of mortgage. It is used to guarantee a seller in a real estate transaction for any unpaid sums at the time of the sale. The registration of a legal mortgage should be an automatic process, but it is often waived during the notarization for two main reasons: high costs and the fact that payment is often made simultaneously for the full agreed amount.

💡Degree of Mortgage

The degree of a mortgage is a crucial concept that determines the priority of claims on a property in the event of its sale. It depends on the chronological order of registration in the land registry office. If multiple mortgages are registered on the same property, the one with the highest degree (i.e., the first to be registered) is considered the most important. This hierarchy is essential for understanding how the proceeds from the sale of a property are distributed among creditors.

💡Execution

Execution, in the context of this video, refers to the legal process of enforcing a judgment or a debt collection. It is associated with the real estate pledge and mortgage concepts, as these are mechanisms used to ensure that creditors can recover their claims. The execution process can lead to the sale of the debtor's property to satisfy the outstanding debts.

💡Creditor

A creditor is an individual or institution that is owed a debt or has a claim against a debtor. In the context of the video, creditors can be banks, tax agencies, or other entities that have provided loans or are owed taxes. The video explains the different types of creditors and their respective rights and protections under various forms of mortgages.

💡Auction

An auction is a public sale where property or other items are sold to the highest bidder. In the context of the video, an auction is used as a mechanism to sell a property that has been pledged or mortgaged, in order to satisfy the debts of the property owner. The auction process is crucial for the distribution of proceeds to various creditors according to their mortgage degrees.

💡Land Registry

The land registry is a government database where all property-related transactions, including mortgages and pledges, are recorded. It provides a legal record of property ownership and encumbrances, such as mortgages. The video emphasizes the importance of the land registry in the context of real estate pledges and mortgages, as it is where the registration of these instruments takes place, establishing the degree of mortgage and the order of claims.

💡Debt Collection

Debt collection refers to the process of recovering debts from debtors who have not paid their obligations. In the video, debt collection is related to the concept of tax mortgages, where the tax collection agency (Equitalia) obtains a mortgage to secure unpaid tax debts. The video also discusses the role of debt collection in the context of real estate pledges and mortgages, as these mechanisms are used to ensure that creditors can recover their claims.

Highlights

Il pignoramento immobiliare e l'ipoteca sono due concetti spesso correlati ma non sinonimi.

Il pignoramento immobiliare rappresenta l'inizio del processo di espropriazione forzata.

L'ipoteca è un diritto reale di garanzia concesso a un creditore su un bene immobile.

Esistono quattro tipi di ipoteca: volontaria, giudiziale, esattoriale e legale.

L'ipoteca volontaria è una garanzia fornita al creditore per concedere un prestito.

L'ipoteca giudiziale viene iscritta quando c'è una sentenza di condanna al pagamento.

L'ipoteca esattoriale è una forma di garanzia che Equitalia ottiene quando un contribuente non paga i suoi debiti fiscali.

L'ipoteca legale è utilizzata raramente per garantire il venditore in una transazione immobiliare.

Il grado dell'ipoteca dipende dalla posizione cronologica dell'iscrizione nel registro della conservatoria immobiliare.

Nel caso di vendita all'asta di un immobile pignorato, devono essere rispettate regole basilari per la ripartizione dei crediti.

Se un immobile pignorato viene venduto, le ipoteche e di pignoramenti verranno cancellate.

Il pignoramento familiare e l'ipoteca sono due concetti distinti.

L'ipoteca volontaria protegge la banca nel caso di mancato pagamento del debito.

L'ipoteca giudiziale non dipende dalla volontà delle parti coinvolte e viene stabilita dal giudice.

L'ipoteca esattoriale può essere iscritta solo per debiti superiori a 20.000 euro.

L'ipoteca legale serve a garantire il venditore per eventuali somme non pagate al momento del rogito.

In una vendita all'asta, i creditori con ipoteca di primo e secondo grado vengono completamente soddisfatti.

Gli altri creditori, come Equitalia e chirografario senza ipoteca, rimarranno insoddisfatti e continueranno ad avere la possibilità di recuperare le loro spettanze.