Execution cash and Achievement Convention

"The pessimist complains about the wind, the optimist expects it to change, the realist adjusts the sails." William George Ward

Faced with a dire situation, many complain of suffering from a lack of understanding have been in a situation that has no possible defense, others simply wait for better winds and is the Bank or a third party to stay with the house; some of them even leave their homes to distant destinations waiting for time to cure the effects of legal proceedings. However, Mediatoris, recommends "adjust the sails", adapt to the situation and claim the rights that are affected in implementing monetary and mortgage legislation referred to in Act 1 / 2000 Civil Procedure Act. To do this is to have experts to help you negotiate with the financial institution. How much will it cost? Depends on what you need. However, we guarantee that professional intervention, far from costing money, save you money to your creditor or creditors in the present moment and avoid survive them.

Pay before starting the procedure

If you pay on the spot of the order or before dispatch of execution will be the sum of money available to the performer, will be delivered the executed proof of payment made and, where appropriate, will be terminated thus preventing the execution inmueble.Aunque judicial sale of the property paid in the event of notice, will be responsible for all costs incurred, but you can justify that, not because it is responsible, could not make the payment before the creditor promote the implementation.

Negotiate embodiment of goods

You can ask the court to convene a hearing in order to agree the most effective embodiment of the assets against which the performance targets. This formula is known as the agreement of fulfillment. This formula can include negotiating a donation of property in payment of the debt, but may include other aspects, seeking conciliation of interests between you and the financial institution.

At the hearing, may propose any embodiment of the assets subject to execution and present who, consigning or enhancing, offered to acquire such property for a price higher than expected could be achieved by judicial auction. Also fit to propose other forms of satisfaction of the right of the performer. Please note that the agreement can not impose on the other hand, so it is advisable to negotiate based on the conciliation of interests.

If an agreement is reached between the performer and you, they will not cause harm to third parties whose rights protect this Act, the court will approve it by order and suspend foreclosing on the good or goods covered by the agreement. Also approve the agreement, with the same suspensive effect, if it included the conformity of the subject, other than performing and executed, would affect those.

If no agreement is reached, the hearing to try may be repeated under the conditions provided for in the first two paragraphs of this Article, if the circumstances so warrant, the court's view, for the best realization of assets.

Performer Siel refused without cause that appearance you can report the possible abuse of rights, since those involved in all kinds of processes in their actions must conform to the rules of good faith and the courts are obliged to reject requests and incidents that formulate a clear abuse of law or involving fraud or procedural law.

In addition, the law allows that if the Court considers that a party has acted to violate the rules of procedural good faith, it may impose, with reasons, and respecting the principle of proportionality, a fine that could range from one hundred and eighty to six thousand euros.

Enervation of the mortgage loan (Art. 693 lessons)

Even if they claim the entire amount owed for such a covenant is registered in the registry, you should know that if the mortgaged property is your homestead may, but do not want the entity that demand, RELEASE THE GOOD by entry the exact amount that person was overdue principal and interest on the date of filing of the application plus, where appropriate, with the maturity of the loan and default interest as they occur throughout the procedure and results in default at all or in part.

This means you can check for yourself or ask the Court to explain what amounts were due as of the demand for unpaid bills (four, five or six months, whatever), and late payment interest thereon until the same date .

If you make the payment of all such amounts will be settled the coasts, in case he was forced to pay for lack of legal aid, and the court shall issue a ruling declaring the procedure is finished, and you can keep paying bills on successive as provided in the mortgage deed to the end of the loan.

Opposition to the execution

The enforcement procedure of property mortgaged or seized, it supports many reasons for impeachment. The law provides for opposition in the following cases:

1.-Extinction of the guarantee or the secured obligation, provided that this registry certificate expressive of the cancellation of the mortgage or, where appropriate, of the pledge without displacement, or deed of receipt of payment or cancellation the warranty.

2.-Error in determining the amount due, when the debt is guaranteed to throw the balance of an account closure between performer and executed.

In this case, must accompany your copy of the book stating the seats of the bill and the opposition is only allowed when the balance to throw this book is different from that resulting from the one presented by the performer.

Claim after the auction of the mortgaged property

They also need to know that despite his judicial auction house or premises may not be paid off the debt. So if the proceeds of the sale were insufficient to cover the credit (if requested hundred thousand euros, plus interest and costs, and the auction will receive ninety thousand), the performer may request the seizure by the amount needed and continue execution under the ordinary rules applicable to any implementation. Even in this extreme case the reconciliation of interests can lead to an agreement between the parties involved in legal proceedings.

This means that if you have other assets or receives any emolument also be seized once sold the property to cover the total debt. This is not enough incentive to leave to chance the fate of your estate when it is in an enforcement procedure.

Even in these cases, the law limits our courts under this law and therefore not equally applicable in all situations so that its status must be examined before deciding.

After reviewing this article, what can we conclude? the least interesting option is to adopt a passive attitude, which leads to the alienation of property in legal proceedings. There are alternatives to forced enejenación assets like mortgage enervation, the agreement of fulfillment or performance by a company or person trained, the application will keep your life insolvent at the time. Lawyers must rely on Mortgage and Registry Law, with experience in the conciliation of interests with credit institutions, or other creditors.

MEDIATORIS, has developed this activity effectively for over ten years. The success lies in our formula for negotiation, conciliation of interests. Tell your case and will make a proposal to measure.

http://www.mediatoris.com/particulares/mediatoris-capital-privado