The extrajudicial sale of a mortgaged property. Special reference to habitual residence.

Abstract

The extrajudicial sale begins with the requirement that the creditor addresses to the debtor, a requirement that must be analyzed by the notary. In this sense, the notary must consult the Public Bankruptcy Registry, verify the absence of abusive clauses and the correctness of the liquidation. In the procedure, the notary must request, at the request of the creditor, the certification of domain and charges, a creditor who must be registered as the owner of the mortgage in the Property Registry. The payment requirement is notified to the debtor and the non-debtor mortgagor, and the initiation of the proceedings is notified to the holder of the last domain registration and to the holders of post-mortgage entries resulting from the registration certificate. If neither the debtor, nor the non-debtor mortgagor, nor the third holder, nor the holder of a post-mortgage charge verify the payment, the asset will be auctioned electronically through the Auction Portal of the State Agency State official newsletter. The auction and its result are documented in an act that is notarized by the notary, concluding the procedure with the granting of the deed of sale and the certification of the pending debt, if applicable. To take possession of the property, the creditor must resort to the ordinary Courts.