8. Specific registrations

Answers Contact Points

REGISTRATION OF SALES

There is information about deeds or documents required for registration of sales of properties and methods applied.

1. Documents for sales. What type of documents does your LR system envisage for sales and carrying out their registration? Considering the characteristics of CROBECO Project, are authentic acts issued by Public Notaries formally necessary for making registrations in your registration books or land books?

2. Method of registration. Please, indicate which of these circumstances or data form part of the content of the registration annotated in the registration books or land books for sake of a sale or conveyance.

a)    No circumstances at all. A copy of the deed is recorded or collected.
b)    Some circumstances, like name and surname of the new owner and a reference to the deed. A copy of the deed is collected too.
c)    Several circumstances (indicate, please). A copy of the deed is also collected.
d)    Several circumstances (indicate, please). Copies of the deed are not collected.

REGISTRATION OF MORTGAGES

Legislation applicable to mortgages, kind of registration and if it’s constitutive or not, requirements of the documents where a mortgage is granted, method of registration, types of mortgages and specifics of modification of mortgages meanwhile they are in force.

1. Please, indicate what main legislation governs mortgages in your system.

2. In your LR system, is the registration of a mortgage constitutive?

3. Documents. What type of documents your LR system admits for establishing mortgages and carrying out their registration ?

a)    Authentic Instrument issued by notary
b)   Authentic document issued by other authority or public officer empowered by the State ( e.g. civil servant).
c)    Documents drawn up by a licensed professional (who is not an authority strictu sensu) and signed by the interested parties, such as solicitors, other legal practitioner or conveyancer, real estate agent, bank agent or others (please specify).
d)    Documents drawn up by the interested parties with the authentication or formal identification made by a Public Authority (e.g.  Court or Land Registry Official…).
e)    Documents  drawn up by the interested parties with the authentication or formal identification made by an authorized person appointed for that purpose by the State but who is not an authority or a public officer.

4. Method of registration. Please, indicate which of these circumstances or data form part of the content of the registration annotated in the registration books or land books. (In case of not making any annotation but simply recording or collecting a copy of the deed, please indicate so.)

a)    Nature or basis of obligation ensured (loan, credit line and so on).
b)   Sum of money guaranteed or maximum guaranteed collected overall in a sole figure or debt, without itemizing main sum of obligation or loan, interests and other items guaranteed by the contract.
c)    Sums of money itemized, distinguishing different concepts of debt guaranteed, such as sum or amount of main debt or obligation, interests and other responsibilities or items also guaranteed by the same contract.
d)    Sum of money amounting the main obligation solely. There’s no reference as for other responsibilities stemming on the contract or loan and also guaranteed.
e)    Deadline of the obligation guaranteed or the mortgage.
f)    Some financial terms of the loan or other contract (if possible, specify or provide examples, please).
g)    Agreements about foreclosure.

5. Types of mortgages. If you believe it appropriate, indicate the kinds of mortgages which are relevant in your LR system.

6. Modifications. What does your legal system envisage about modifying mortgages? Do debtors have any legal possibility of negotiating newly the terms of the contract or any part of them?

a)    Modifications are carried out by new agreements (or by judgments between creditors and debtors).
b)   Debtors have directly or indirectly certain possibilities of improving their situation (briefly indicate why).

REGISTRATION OF JUDICIARY CHARGES

This is an approach about judiciary charges that may be registered to affect the properties by means of judicial orders or writs for several purposes.

Main types are orders to attach properties to a debt, to restrict acts of disposition or freeze the assets of the debtor, to dispute about ownerships or real rights on it, including judiciary resolutions in foreclosure proceedings or about insolvency of owners or holders of property rights or rights in rem.

It’s relevant to know what kind of registration shall be carried out, its deadline or time in force with respect with each kind of judiciary decision.

1. What kind of orders or judgments can create, modify or cancel an entry in your LR system ?

a)    Judicial orders of provisional measures to attach restrict disposition acts or freeze the assets of the debtor.
b)    Judicial decisions in foreclosure proceedings.
c)   Judicial decisions transferring the ownership or recognizing the property or other real rights on an immovable asset that can directly create, modify or cancel and entry in the land registry.
d)    Judicial decisions “ordering rectification of an entry in the Land Registry”?
e)    Judicial decisions about insolvency of owners or holders of property rights or rights in rem.

2. What’s the kind of registrations or entries caused in registration books or land books by these judiciary orders or decisions?

a)    Temporary caveats or annotations (please, indicate deadlines as possible).
b)    Caveats or annotations indefinitely in force until a new decision.
c)    Common registrations whose content and duration depend on the decision of the Court.
d)    Mere notices or remarks that have no rank or cathegory of true encumbrance.
e)   Judiciary orders are not registered at all in Registration books or land books. They are in the scope of other Books or Registries.

3. In particular, are creditors-plaintiffs who demand payments of sums or money entitled to rely on the Courts and apply for annotations (caveats) or judiciary mortgages in order to attach debtors’ assets?

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