Regulates The Rise Of Mortgages And Garments That Caucionen Cra Credits

Original Language Title: REGULA EL ALZAMIENTO DE HIPOTECAS Y PRENDAS QUE CAUCIONEN CRÉDITOS

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"(Artículo 1º.-Introdúcense las siguientes modificaciones en el artículo 17 D de la ley Nº19.496: 1) delete, in its fifth paragraph, the sentence that follows the followed point."

(2) Agreganse following paragraphs sixth, seventh, eighth, ninth, tenth, eleventh and twelfth, new, passing the current sixth subparagraph to be 13th: "in the case of caucionados with specific mortgage credits, once completely extinguished the secured obligation, the credit provider should, in charge and cost, granting the public deed of hoist referred mortgage and other liens and prohibitions which have been to the effect and enter it for listing on the curator of" Real estate respective, within a period which may not exceed forty-five days counted from the total extinction of the debt. Such circumstance and of the completion of the designated procedures, the supplier shall inform in writing the debtor through any means physical or technological ideal, to the last address registered by the debtor with the supplier, within thirty days of practiced the corresponding cancellation by the conservative estate respective. The proof of payment issued by the supplier of a tolerated with specific mortgage, credit corresponding to agreed quotas last three, will make to boast the full payment of the loan tolerated with the guarantee, must be followed with respect to their hoist and cancellation provisions previously.

In the case of credits caucionados with general mortgage, once paid entirely secured debts, both in debtor quality quality of surety, guarantor or co-signer solidarity with respect to which such bond subsists, the supplier shall inform in writing the debtor such circumstance, within the period of up to twenty days in a row, through any means physical or technological ideal to the last address registered by the debtor with the supplier, in accordance with the provisions of title IV of the Supreme Decree Nº 42, 2012, the Ministry of economy, development and tourism, containing the regulations on information to consumer mortgage loans. Made such communication by the supplier, the debtor may request, by any suitable physical or technological means, granting the public deed of hoist referred mortgage and other liens and prohibitions which have been to the effect, and its income for registration in the respective estate real conservative, efforts which will be charge and cost of the supplier and that this must be carried out within a period which may not exceed forty and five days, counted from the application of the debtor. The supplier shall inform in writing the debtor through any means physical or technological ideal, to the last address registered by the debtor with the provider, the hoist and cancellation of the mortgage clause of general warranty and all other liens or prohibition made in its favour, within thirty days of practiced the respective cancellation by the conservative estate respective.

If there are no outstanding obligations for the provider caucionadas with general mortgage, the debtor is not obligated to maintain a mortgage on behalf of this clause general warranty or other charges or prohibitions already constituted for the purposes of obtaining new credit, and may at any time, and without waiting for communication from the supplier about the preceding paragraph request the respective hoist by any suitable physical or technological means, which shall be carried out in the same way and term provided for in this subsection. Without limiting the foregoing, the debtor may retain the validity of this general warranty and other levies, prohibitions Associates, to his own will.

Mortgage and any other charge or ban hoists constituted in favour of a supplier of financial services may be carried out by the respective creditor on a massive scale. For these purposes, simply give a deed that contains a list or payroll taxes or bans, individualizing the foja, number, year, registration and the estate curator in charge of the same, is that such taxes or prohibitions relating to one or more debtors. If one or more applications not may pursue, this situation will not prevent the processing of the remaining, and the debtors concerned will resolve inadequacies or errors that founded the rejection of the conservative real estate and conclude their processing. Requested cancellation of any taxes or bans must be practiced and registered by the appropriate conservative in a period which may not exceed ten days, counted from the entrance to their respective writing craft.

Notaries and real estate Conservatives may not object, if necessary, to authorize and grant public writings or practice cancellations matching, case of hoists granted on a massive scale, without prejudice of perceiving the respective fees determined according to Nº16.250 law and its amendments.

If the mortgagee refuses to carry out the respective hoists in accordance with this article, the debtor may legally request such uprisings before the competent court, without prejudice to the sanctions and compensation that proceed in accordance with this law.

In the preceding paragraphs shall apply to assignees of mortgage loans, where appropriate. "."