GIPE Newsletter (Nº24.138) January, 14th 2025
COMMUNITIES OF OWNERS:
CAN A NEIGHBOR RECORD THE MEETING ON HIS/HER OWN?
It is advisable to obtain the authorization of the owners before recording community meetings. If a neighbor decides to record on his/her own, he/she cannot be prevented from doing so, although he/she may be held liable if he/she misuses the recording.
SELLING PROPERTY:
THIS MORTGAGE IS EXPIRED
If an old mortgage appears in the registry of an inherited property, it is likely that it has expired and can be cancelled without problems. First, check the date of the mortgage constitution and its maturity period. If the legal time has passed (21 years since the maturity) and no payments have been claimed, the mortgage is considered prescribed and not enforceable. If there are notes on previous foreclosures, confirm their status in court.
To cancel the registration, contact the creditor to sign a cancellation deed. If it is not possible to locate it, request cancellation due to expiration by means of an application in the property registry.
REAL ESTATE SALE:
DISTRUST TOWARDS THE SELLER…
When deposits are given to buy a property, it is common for buyers to want to guarantee that the seller will not keep the money without fulfilling the agreement, and that they will be able to return double if the sale is not formalized. There are several options to minimize risks. The payment of deposits involves certain risks for the buyer, but it is possible to secure the operation by investigating the seller’s solvency, depositing the deposit in the hands of a notary or requesting a guarantor.
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GIPE: Together we will be stronger.