SUPERIOR COURT OF JUSTICE ALLOWS THE PURGING OF MORA IN CONTRACTS OF FIDUCIARY DISPOSAL OF IMMOVABLE PROPERTY EVEN AFTER THE CONSOLIDATION OF PROPERTY IN FAVOR OF THE BANK

The Superior Court of Justice has a judicious precedent allowing debtors of financing contracts guaranteed by fiduciary sale of real estate, the possibility of purging the arrears even after the consolidation of the property, until the signing of the auction by the interested party in a public auction promoted by the creditor bank. The question was settled in judicious v. judgment handed down by the Egrégia Terceira Turma, in the judgment of Special Appeal No. 1.462,210, of the State of Rio Grande do Sul, reported by the eminent Minister Ricardo Villas Bôas Cueva, as amended:

SPECIAL RESOURCE. FIDUCIARY ALIENATION OF PROPERTY. LAW No. 9,514/1997. PURCHASE OF DELINQUENCY AFTER CONSOLIDATION OF PROPERTY IN BEHALF OF THE FIDUCIARY LENDOR. POSSIBILITY. SUBSIDIARY APPLICATION OF DECREE-LAW No. 70/1966.

1. Controversy is limited to examining whether it is possible to purge the default in a real estate trust agreement (Law No. 9,514/1997) when the property has already been consolidated in the name of the trustee.

2. In the scope of the fiduciary sale of properties under guarantee, the contract is not terminated by virtue of the consolidation of the property in the name of the fiduciary creditor, but rather by the sale in a public auction of the property object of the fiduciary sale, after the recording of the record. of auction.

3. Considering that the fiduciary creditor, pursuant to art. 27 of Law No. 9,514/1997, does not incorporate the alienated asset in its equity, that the loan agreement does not terminate with the consolidation of the property in the name of the trustee, that the main purpose of the chattel mortgage is the payment of the debt and the absence of damage to the creditor, the purge of the arrears until the auction does not face any procedural obstacle, provided that all the requirements provided for in art. 34 of Decree-Law No. 70/1966.

4. The debtor may clear the arrears within 15 (fifteen) days after the summons provided for in art. 26, § 1, of Law No. 9,514/1997, or at any time, until the signing of the auction (art. 34 of Decree-Law No. 70/1966). Subsidiary application of Decree-Law No. 70/1966 to real estate financing operations referred to in Law No. 9,514/1997.

5. Special appeal provided (the entirety of the judgment extracted from the official website of the STJ – www.stj.jus.br – emphasis added).

This is a very relevant decision of the highest court in the country competent to judge the matter, allowing the survival of millions of Brazilians affected by the very serious financial crisis that is plaguing our country, as it ensures a last chance to avoid the loss of a lot of property. used as housing for the family unit.