Clipping of news on Brazilian Culture, Law and Citizenship
21/07/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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If the consumer makes a loan to purchase any asset (property or car, for example) and, along the way, realize it will not be able to pay the installments, you can transfer the debt to another person.
"The first step is to search the database, ie, the lender," advises attorney Berthe Alexandre Pinto, specializing in banking law. "The bank assesses the new debtor to see if it is able to cover that debt," he says.
If the lender finds that the new debtor will not be able to assume the debt, he may refuse to accept the return.
Lender assesses conditions of the new borrower afford the funding
In the case of car financing, according to a spokesperson for the Anef (National Association of Financial Companies Automakers), the criteria to change the debt vary by bank.
Some examples: on your website, Santander bank informs the customer that it is possible to transfer the financing contract to another person provided that, in addition to credit analysis, some conditions, such as the contract is on time and without collection costs are met and acceptance of the same contract specifications as values, term and maturity.
Itaú informs on your page, it is possible for the debtor to sell the vehicle and transfer your current credit agreement for the car buyer, provided that, among other criteria, the contract has at least three installments paid and the transfer of remains individual to individual or from company to company.
Bradesco follows similar line. On its website, reports that the transfer will be subject to credit analysis since the contract is current; the new holder of the bank account holder is and remains the transfer of individual to individual or from company to company.
Exchange for debt requires new property for sale
In a real estate debt, there is not exactly an exchange of funding, but a new transaction of purchase and sale, in which the bank will evaluate the conditions of the new entrant in the same way that evaluated the current holder of the loan.
The CEF reports that the transfer of debt is possible only between participants of the same contract (eg, husband and wife who composed at the beginning of the debt financing and are willing to break the tie). The remaining cases are made possible by operating purchase and sale of the property.
Thus, the borrower can sell the property and to carry out the transaction, the financing is acquired previously settled and the new borrower assumes the debt. This, however, if the bank assess the new debtor is able to obtain this credit.
Santander also announced that, for the transfer of the debt, the client needs to sell the property to a person with approved credit in the bank equivalent to the outstanding balance value.
"This is a new financing agreement on behalf of the buyer and comply with the conditions prevailing at the time of hiring new rules," informs the advising bank.
Beware drawer contract
To avoid additional costs, some people opt for the so-called "contract drawer", an informal agreement whereby the former debtor passes the funding to another person, without that operation is known to the bank.
The box states that does not recognize the contract of the drawer. "For the bank, still holds the contract with the first bidder. Database There is recognition by the drawer signed agreement between the parties," the bank through its press office.
The lawyer Berthe Pinto says it is not recommended to contract drawer. "The person who does so runs a risk eternal." He says that anyone who chooses to sell the goods in this way is often already in financial difficulty.
Thus, it may happen that the former owner being involved with debt and so have the goods on your behalf used to pay for the same. In this case, the buyer risks losing the property or car.
Another common problem, according to the lawyer, are the disputes over inheritance. How good is the name of another person, the buyer will have a lot of work to prove you are entitled to something. "Sometimes, to save a little money a person assumes the risk of large losses."
If the bank does not accept the change of debtor, you can find another person to be approved. It also provides funding to try to keep his name in, renegotiating with the bank itself better conditions for payment or seek other banks rates and suited to your possibilities and make deadlines umaportabilidade debt
Source: Uol
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This article was translated by an automatic translation system, and was therefore not reviewed by people.