How do I find out the auctions to be held?
All judicial auction kind must be announced in advance through edicts delivered by the court, published in the Official Gazette and other media press square. The publication must be by one or more days according to provisions in the court. It should be noted however that the publication is sometimes the day before or even worse the day of the auction which is an anomaly.
Is it necessary to consult the case file?
If you want to deal with a purchase at auction with a minimum of prudence must review the record and especially paying attention that the list is not exclusive to the following items:
a) state of occupation. If occupied by anyone other than the owner in that character and status displays do and if it proves documentation (lease agreement, usufruct testimony clause, etc.) It is very important if there is a life interest.
b) If it is a condo building forming updated debt expense as the current law but exempt the buyer of all kinds of tax debts and services expressly required to take charge of the expenses payable if you are not remaining in The proceeds from the auction to meet them. In the case of bankruptcy it is responsible for these debts even possession though exceptionally there are one or two judges who apply a contrary approach.
c) If mortgage on the property alleged in the information or arising out of a domain certificate added to it. It must be remembered that the mortgage debt has privilege for the recovery before any other credits, including cars run on the auction.
d) Any other matter which may lock the further disposition of the property.
How and where to see the file?
In court and in the secretariat services for business hours. The records are public and can be requested by any person mentioned the cover of the same (eg, "Lopez, J. c / Rodríguez, M. s / exec. Hip.") And should be read in the bar of the secretariat, may be ID required especially in cases that it is "reserved." In the last half hour of attention theoretically only accessible to scholars.
What amounts and that concept must be paid at purchase?
Be paid the sign which is usually 30% of the price, but sometimes can be 20% or 10% more unusually, according to provisions in the court. Also on 3% commission of auctioneer, the VAT on the commission if appropriate according to the auctioneer's tax registration and 0.25% of the price for the cost of the auction room, according to an agreed-upon the Court.
When should settle the balance of price?
Usually within five days of the auction approved by the judge, without prior notification to the buyer, which means to be followed closely by consulting the file frequently. Exceptionally any court that the deposit is made within five days of the auction, which must be expressly stated in the decree. The period between auction and approval may vary from several days to months depending on the court and how to move the attorney for the plaintiffs to expedite the processing. Also, if the defendant tries to lock the file or there are challenges. Please remember that the purchaser automatically becomes part and may be submitted requesting the approval without delay.
How long does the possession of the property purchased?
Immediately after the deposit of the balance of price do you ask for possession, which must be provided by the court in a few days unless objections or appeals pending.
Mart. Jorge Mendez Public
Source: www.reporteinmobiliario.com
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