Uniube+ Direito das Coisas: Semana 15.2

Summary

In this lesson on mortgages, the speaker explains how mortgage registration works across multiple notarial and registration services. Using a practical example, they clarify the importance of registering mortgages at each relevant real estate registry. The process ensures transparency for anyone interested in the property's status, protecting good-faith buyers. The speaker also discusses the order of mortgage registration, particularly when dealing with multiple liens, highlighting the priority of first and second-degree mortgages and the 30-day waiting period for presenting documentation to ensure proper registration. The focus is on understanding the legal framework governing mortgage records in different registry offices.

Takeaways

• 😀 A mortgage must be registered in the notary office where the property is located, even if multiple properties are involved in the same mortgage.
• 😀 If multiple properties are involved in a single mortgage, the mortgage must be registered in the registry of each property involved.
• 😀 It is essential to ensure that all interested parties (such as buyers or creditors) can access information about the existence of a mortgage through official certificates from the corresponding registry.
• 😀 If a mortgage involves multiple properties, the registration should be done in all the relevant property registers where the mortgages are placed.
• 😀 A real estate transaction’s registration follows an order of protocols, with each protocol representing a different type of registration (e.g., sale, mortgage, etc.).
• 😀 The order of registration is crucial as it determines the priority of claims on the property, with the first registered transaction taking precedence over subsequent ones.
• 😀 When a second-degree mortgage is registered, the registrar must verify if the first-degree mortgage has been registered. If it has not, they will pause the process and allow 30 days for the first-degree mortgage documentation to be submitted.
• 😀 If the first-degree mortgage is not presented within 30 days, the second-degree mortgage will be registered as if it were the first, effectively overriding any prior mortgage.
• 😀 If the first-degree mortgage is presented within the 30-day period, it will be registered first, and then the second-degree mortgage will follow, giving priority to the first-degree mortgage.
• 😀 Understanding the importance of correct registration sequence ensures legal clarity and helps protect the rights of creditors and debtors in the real estate transaction process.

Q & A

What is the main topic of the transcript?

The main topic of the transcript is the registration process of a mortgage in different notary and property registry offices, with a focus on the legal aspects of mortgage registration, including the order of registration and the priority of different mortgages.

Why must a mortgage be registered in each registry office where the mortgaged properties are located?

A mortgage must be registered in each registry office where the mortgaged properties are located because it ensures that interested parties, such as potential buyers or creditors, are aware of the mortgage's existence. This provides protection for all parties involved.

What does the transcript say about registering a mortgage when multiple properties are involved?

When multiple properties are involved in a mortgage, each property must be registered in the respective registry office where it is located. If there are three properties, the mortgage must be registered in all three offices to ensure transparency and legal clarity.

What is the significance of the order in which mortgages are registered?

The order of registration determines the priority of the mortgage. The first mortgage registered takes precedence over any subsequent ones. If a second mortgage is registered before the first one, the registrator will pause and wait 30 days to verify the existence of the first mortgage.

What happens if a second mortgage is registered without a first mortgage being registered?

If a second mortgage is registered without the first mortgage being registered, the registrator will wait for 30 days for the interested party to present the first mortgage documentation. If not provided, the second mortgage will be registered as if it were the first, taking priority.

What is the process if the first mortgage is presented within the 30-day waiting period?

If the first mortgage is presented within the 30-day waiting period, the registrator will first register the first mortgage and then register the second mortgage with a lower priority, ensuring the correct order of priority is followed.

How does the registrator handle a situation where a mortgage is requested, but the property owner is not the current listed owner?

If a mortgage is requested but the document refers to an outdated property owner, the registrator will deny the registration. The ownership chain must be correct for the mortgage to be valid. For example, if the document shows a sale from João to Manuel, but João is not the current owner, the registration will be denied.

What role does the 'protocolo' play in the registration process?

The 'protocolo' refers to the process number assigned to each registration request. The order in which the protocols are received determines the order of registration. This ensures that earlier transactions take precedence over later ones in the chain of ownership or mortgages.

What is the difference between 'registro' and 'averbação' mentioned in the transcript?

The 'registro' refers to the official record of an event, such as the sale or mortgage of a property, whereas 'averbação' refers to a modification or cancellation of a previous record, such as updating or canceling the effects of a prior registration.

What legal articles are referred to in the transcript regarding the registration of mortgages?

The transcript refers to articles 1492 and 1495-1498, which provide the legal framework for the registration and prioritization of mortgages in Brazil. These articles outline the procedures and timeframes for registering mortgages, including the process when mortgages are registered out of order.