Post by messi05 on Jan 24, 2024 11:01:07 GMT
Notify the consumer, in case of alleged default by the consumer, through the Official Registration of Titles Documents, constituting him in default, to pay the debt within 15 days, under penalty of consolidation of the property in the name of the fiduciary creditor (article 26). Afterwards, an equally extrajudicial auction procedure for the property in question will begin, within 30 days (article 27, caput), allowing the sale of the fundamental asset in question for the “ highest bid offered, as long as it is equal to or greater than the value of the debt , expenses, insurance premiums, legal charges, including taxes, and condominium contributions ” (article 27, §2).
Finally, an equally simplified hypothesis of Buy Phone Number List consumer eviction is created, all that is needed to open this path is the consolidation of ownership by the financial institution (article 30), even eliminating the need to hold the aforementioned auction for this. That is, it is viable to manage this route simply due to the debtor's inertia, given the passage of a mere 15 days after being notified of his supposed default by the financial institution.[ 5 ] Well then. Initially, it is pointed out that extrajudicial forced executions by private individuals do not have due constitutional provision, and the exercise of private executive jurisdiction is not tolerated in our legal system.
Therefore, understanding the possibility of proceeding in this sense as appropriate will ultimately mean the loss of assets without the guarantee of due judicial procedure in violation of article 5, LIV, of the CF [ 7 ]. Furthermore, by allowing the sale of the property for the simple value of the debt plus charges, the consumer's rights are completely ignored in favor of the interests of the financial institution. After all, and with the intention of exclusively facilitating the financial recovery of the latter, the good is allowed to be acquired at a low price at the expense of the consumer who will find himself deprived of his home and the amounts spent up to that point.
Finally, an equally simplified hypothesis of Buy Phone Number List consumer eviction is created, all that is needed to open this path is the consolidation of ownership by the financial institution (article 30), even eliminating the need to hold the aforementioned auction for this. That is, it is viable to manage this route simply due to the debtor's inertia, given the passage of a mere 15 days after being notified of his supposed default by the financial institution.[ 5 ] Well then. Initially, it is pointed out that extrajudicial forced executions by private individuals do not have due constitutional provision, and the exercise of private executive jurisdiction is not tolerated in our legal system.
Therefore, understanding the possibility of proceeding in this sense as appropriate will ultimately mean the loss of assets without the guarantee of due judicial procedure in violation of article 5, LIV, of the CF [ 7 ]. Furthermore, by allowing the sale of the property for the simple value of the debt plus charges, the consumer's rights are completely ignored in favor of the interests of the financial institution. After all, and with the intention of exclusively facilitating the financial recovery of the latter, the good is allowed to be acquired at a low price at the expense of the consumer who will find himself deprived of his home and the amounts spent up to that point.