Clipping of news on Brazilian Culture, Law and Citizenship
29/08/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Agreement signed between builder and mortgage bank should not be seen as responsible consumers, says Ibedec
SAO PAULO - A lawsuit filed by Ibedec (Brazilian Institute for the Study and Protection of the Consumer Relations) at the Fifth Circuit Court of Brasilia forbade a bank to resume a property mortgaged by the builder.
According to the Institute, when the builder fails to pay any portion of the debt that made by the bank to build the property, it is common that the financial institution notifies buyers of apartments or houses that were built, that will resume the property if they do not pay the construction debt.
In some cases, the bank may refuse to release the letter of discharge even for those consumers who have already paid off the debt of the property by the contractor. "The conduct is improper for banks and consumers should not be intimidated by charges, resorting to the judiciary if any notice of repossession of property," explains Ibedec president, José Geraldo Tardin.
How to act
According Tardin remember that there is a summary of the SCJ 308, where it is clear that any mortgage executed by the contractor in favor of the Bank is ineffective on the buyer of the property. So, learn how to act in these cases:
If the consumer is experiencing similar problems, it is necessary to seek the seat to seek the release of the mortgage. At this time, consumers should not accept pay any amount out of the agreed contract;
When there are outstanding installments payment, consumers must protect themselves through an action for payment allocation court, for justice to decide who should be receiving the missing portions of the contract is the construction company or the bank.
If the bank threatening or notify consumers about a possible resumption of the property, it is necessary to go to court to prevent unlawful bank and obtain the release of the mortgage and any compensation for losses incurred in relation to the business broken or inability to enter and use the property.
Source: Infomoney
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This article was translated by an automatic translation system, and was therefore not reviewed by people.