This means that you can check for yourself or to request the Court to indicate what amounts were due to date of demand for unpaid bills (four, five or six months, those who are), and the corresponding delay interest until the same date. If you make the payment of all such amounts, coasts, will be settled in the event you were obligated to pay them for lack of legal aid, the Court issue an order declaring the procedure is over, and you can continue to pay successive receipts in the manner provided by the mortgage deed until the end of the loan. Opposition to the execution procedure of implementation of property mortgaged or seized, does not support many grounds for contesting. The Act provides for the opposition in the following cases: 1.-termination of the warranty or of the obligation secured, provided that this certificate of registry expressive cancellation of the mortgage or, where appropriate, of the garment without offset, or deed of receipt of payment or cancellation warranty. 2.-Mistake in the determination of the amount due, when the guaranteed debt is the balance that yields the closure of an account between performer and performed.
In this case, you must accompany your copy of the book stating the seats of the account and only allowed the opposition when the balance throw this book is different from that resulting from the one presented by the performer. Claim back to the judicial sale of the property mortgaged also need to know that despite judicial auction your House or premises may not be paid off the debt. So if the proceeds of the sale were insufficient to cover the credit (if one hundred thousand euros, plus interest and costs are claimed, and the auction will get ninety thousand), the performer may request the seizure by the missing amount and the continue execution under the ordinary rules applicable to any execution. Even in this case end the conciliation of interests can lead to an agreement between the parties involved in the judicial process. This means that if you have other real or perceived some kind of emolument also may be seized once sold the property to cover the total debt. This is enough incentive to not leave to chance the fate of their heritage when it is in an enforcement proceeding.
Even in these cases, less than our courts jurisprudence restricts this right and therefore not apply equally in all situations by what comes previously discuss your situation before you give an opinion. After reviewing this article, that we can conclude? that the less interesting option is to adopt a passive attitude, which leads to the disposal of property in legal proceedings. There are alternative solutions to the forced enejenacion of its assets, such as mortgage onset, the Convention of realization or realization by company or specialized person, whose implementation will prevent their situation of insolvency perpetue in time. You should rely on lawyers specialized in mortgage and registry law, who have 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 of negotiation, conciliation of interests. Tell us your case and will make a proposal to measure.
