Clipping of news on Brazilian Culture, Law and Citizenship
09/19/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Auction cars: assets repossessed are resold to shoot down debt value Photo: Press Release / 21.09.2012
The prosperity of the country earlier this decade, with employment and income on the rise, led many families to make long-term financing for the purchase of real estate, cars and motorcycles. But when the wheel turned and threw the economy down, the Brazilians began to delay the tuition, facing heavy charges of financial institutions. Many are losing their investments and sell their assets repossessed by lenders. To guide consumers, EXTRA prepared 15 tips to prevent the execution of its debts.
That's what happened to the counter Alex Araujo, 43. The family decided to buy an apartment in Jacarepagua, in the West Zone in 2011. It would be 35 years of debt. But came the loss of employment, which gave a blow to the finances and decreed the end of timely payments.
- No one takes a loan for not paying. There is no bad faith. I was able to pay and paid days for four years, without delay. The problem is that we made a short-term planning. Charges were ostensible after the bank transferred the debt to another financial institution. One day, a bailiff knocked on my door to inform that the apartment was the auction - said Alex, who has a wife and two daughters.
Experts advise that consumers never late more than three installments, and seek an agreement with the lender in case of difficulty. When the apartment is still with the construction company, the best solution is to propose a dissolution, although the full amount not be returned. For those who have in the bank financing, the recommendation is to anticipate. Lawyers suggests that consumers consider whether not worth selling well to pay off the debt.
- People do not know how the law providing for the chattel is severe. After the bank is running, it is very difficult to reverse the situation, and the consumer loses the property very quickly - warned Ighor Jacintho, legal advisor to the Borrowers River Association.
In the case of Alex, a lawsuit could stop the auction of the apartment, on a preliminary basis. The family then decided to put the property for sale.
Christian Printes, lawyer of the Consumer Defense Institute (Idec), provides further guidance on the debt:
- First, make sure that the promises contained in the advertising material or made by the seller in the negotiation phase were contemplated. Unlike most consumer contracts (insurance, banking contracts etc.), it is often possible to negotiate the amendment of some clauses before signing a contract of sale of a property. Therefore, we recommend the consumer to verify the existence of unfair terms listed in the table below, it requires a change before closing the deal. Another recommendation is to ensure that in the contract date of delivery of the keys (month and year). Be wary if any clause providing for the possibility of extension delivery by excessive period (period greater than six months, for example).
When the car is guaranteed
In the case of a car when the vehicle itself is given as collateral in financing, leasing called - transaction with slightly lower interest in the car is in the name of financial agent to the discharge of all plots - with just one day of late payment the bank or financial can now resume well. For this, the institution may enter a search and seizure action and send a registered letter to the debtor, return receipt requested, to notify you of the procedure.
The College economist Marcelo Mackenzie Anache remember that you can think of doing a debt portability (changing the financial agent for one that offers better conditions), if the consumer achieve a more competitive interest rate (the second institution).
- When you are in arrears must sit down to negotiate. Depending on how much is delayed, you can have access to a cheaper credit line to prevent loss of well - Anache said.
Still, experts say, with the prolonged crisis, banks and financial hire specialized companies to make charges that reduce the payment period, to prevent customers exceed 90 days late. No prospect of resuming payments in the medium term, the customers accept spontaneously return the cars, or vehicles are taken after court decisions.
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Source: Extra
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This article was translated by an automatic translation system, and was therefore not reviewed by people.