Little Real Estate

In principle, and as its name indicates, it seems that the distinction lies in the possible mobility of things (which may or may not move from one place to another), although, as we shall see, this is not the only criterion, from the legal point of view, which is still in system (the Civil Code, which is who regulates).

The differentiation begins, in general, because of the different economic conception of property, in an era in which only real things they value, and the furniture was considered negligible.

Thus, this is reflected in the greater protection and guarantees provided to the property (this explains why they were available for a few more solemn and capacity requirements more stringent for disposal and encumbrance, and that established by the Land Registry so that it can meet its legal history).

Read the rest of this entry →

As a right of realization of value , the mortgage is designed to allow the creditor financial compensation mortgage against the debtor does not comply. To this end, Art. 12 of the Mortgage Act requires that to become the mortgage shall state the amount of the secured obligation and their interest, to a maximum of five years, and the value that has been appraised for auction the property or rights pledged in .

It is also a right accessory , the mortgage, in general, is based on the prior existence of a right is above and to ensure the fulfillment of an obligation, affecting a particular property so special and priority to the fulfillment of that obligation. The primary obligation and the collateral, or accessory, are inextricably linked so that if the principal obligation is extinguished, it can not continue living the consultant, and the guarantee is void. However, Law 41/2007 of December 7, which amended the Mortgage Law of 1946 in the sense of emergency, the dogma of the incidental nature of the mortgage , with the new art. 153-bis of the Mortgage Law, the text provides a certificate of naturalization to the so-called omnibus mortgage for certain subjects, and only in its highest form of mortgage that can be valid regardless of the insured obligations with it. Also, the incidental nature of citadodogma has broken with the modification of art. 4 of Act 2 / 1994 of March 30, in paragraph 3 of which creates the llamadahipoteca recharge. As right indivisible, until it is canceled the mortgage, remains in full affect each and every one of the parts of the mortgaged and ensuring all the credit, and each of its parts, so long as there is yet a part credit, the mortgage will be full, but the secured obligation is divided, or is terminated in part, the mortgage shall remain in full until the secured debt is fully paid.

The indivisibility does not stop with the express consent of the mortgagee, and only in this way, the mortgage is divided if, after or simultaneously, has split the thing mortgaged.

Read the rest of this entry →

New Jersey, as well as many different states, is a state that uses a judicial course to deal with cases of foreclosure. This could be a course that includes a proper field listen foreclosure for care. It may be difficult however, failed to stop as long as a new Jersey mortgage loan modification is used. Understand what can happen in a case of judicial foreclosure is necessary to see the determination of why a change is a good service to go.

A foreclosure can begin in which a lender can show a court that an individual who is behind a mortgage is in default on it. This means that the owner of New Jersey home, you probably will be an amount of money back. The process can begin on several occasions, but generally will begin when a homeowner is at least two late payments on a loan.

The lender will show that the court file that has tried to work on getting all the efforts of its range handled. The state lender all cases in which it has tried to get something and have tried did not. Information can be given after it has provided to the courtroom to suggest that he owes money on the loan will not yield in the short term. Read the rest of this entry →

5. Registering property: Now that has become the owner of your home is your responsibility to register your home to all government departments as necessary. You can register the property from the Municipality, in the department of local government land, or other institution, depending on where you live.

6. Registration services: It is always the best thing to have all the utility connections to their name. If you have purchased an existing house, then all connections must be transferred to his name being discharged from the transfer application. If you purchased a home with no brand, you must register all new connections to its name.

7. Emission power of attorney: You should not issue any power to any person for any purpose. If you are willing to transfer his property to his family or anyone else, then it is advised to do so with their papers instead of making power.

8. Insurance: It is very important to obtain an insurance policy for your home, so be warned before a possible accident, like theft, fire, earthquake or any natural disaster. Some people are against the insurance policy and assume it as a waste of money. However, the fact is that if you adopt the policy of prevention, will be in a suitable position to claim for damage in your home in case of any disaster. Read the rest of this entry →

Having your own home is like a dream come true, but there are many complexities and legal issues associated with it. You will need to ensure complete all legal formalities before and after buying the house. These legal proceedings can save you from stress and much bigger problems. Some of the most important tips to keep in mind when buying a property are:

1. Advertising: This is the first step to be taken before you buy your desired home. You must advertise in local newspapers stating their intentions to purchase a home with specific characteristics.

2. Documents Verification: The verification of the documents is one of the critical issues in the purchase of your home. You should check all documents related to the legal aspect of the property. We suggest this process of verification through a law firm. If you are buying a house that is in the name of the current owner, then you should check the validity of his power.

3. Adequate documentation: It is your most important preparation of all legal documents are required. This documentation may include leases, registration documents, transfers of shares, property for sale, certificates of conformity assessment and certification of non settlement of all utility bills such as electricity, gas, water and sewer.

4. Mode of Payment: The best and safest way to make all payments on your new home is through the bank. In this way you will have proof of payment.