Post by account_disabled on Mar 7, 2024 1:06:39 GMT -5
The execution court cannot disregard the existing lien on the mortgaged asset and hand over to the debtor the balance of the extrajudicial sale of the property. For the th Panel of the Superior Court of Justice the amount must be allocated to the creditor.
Minister Raul Araújo considered the decision of the Court of Justice of Paraná which handed over the remainder of the money to the debtor to be erroneous a procedure only accepted when there is no attachment on the mortgaged asset. “Naturally once the previously mortgaged asset has been seized the proceeds from the sale will also be committed tAccording to the president the results were possible because of the deployment of civil court employees and the purchase of computers just to dedicate themselves to cases involving court orders. The work involves in addition to the speedy judgment of cases the search and survey of cases related to court orders that are stuck at the TJ. The objective is for the actions to be judged according to the BTC Number Data rules described in Constitutional Amendment
o the satisfaction of the unsecured creditor after the mortgage has been paid off” he added.
The rapporteur pointed out that the balance credit still belongs to the debtor and for this reason is intended to pay off his other debts towards other creditors. He also indicated that the debtor can defend his interests through enforcement embargoes and other applicable legal means matters that will eventually be analyzed by the enforcement court.
The author executed the debtor due to default on five promissory notes. In this process he obtained a lien on the financed property which was mortgaged as collateral to the bank for the loan. The financial institution sold the property in an extrajudicial foreclosure.
The property was sold for R$ thousand and the debt with the bank totaled R$ thousand. The author then asked for the difference to be deposited in his favor. The Paraná Court rejected the claim. He stated that the balance should remain with the borrower under the legal text. With information from the STJ press office.
Minister Raul Araújo considered the decision of the Court of Justice of Paraná which handed over the remainder of the money to the debtor to be erroneous a procedure only accepted when there is no attachment on the mortgaged asset. “Naturally once the previously mortgaged asset has been seized the proceeds from the sale will also be committed tAccording to the president the results were possible because of the deployment of civil court employees and the purchase of computers just to dedicate themselves to cases involving court orders. The work involves in addition to the speedy judgment of cases the search and survey of cases related to court orders that are stuck at the TJ. The objective is for the actions to be judged according to the BTC Number Data rules described in Constitutional Amendment
o the satisfaction of the unsecured creditor after the mortgage has been paid off” he added.
The rapporteur pointed out that the balance credit still belongs to the debtor and for this reason is intended to pay off his other debts towards other creditors. He also indicated that the debtor can defend his interests through enforcement embargoes and other applicable legal means matters that will eventually be analyzed by the enforcement court.
The author executed the debtor due to default on five promissory notes. In this process he obtained a lien on the financed property which was mortgaged as collateral to the bank for the loan. The financial institution sold the property in an extrajudicial foreclosure.
The property was sold for R$ thousand and the debt with the bank totaled R$ thousand. The author then asked for the difference to be deposited in his favor. The Paraná Court rejected the claim. He stated that the balance should remain with the borrower under the legal text. With information from the STJ press office.