Amends Law Nº 17.635 Of 1972, Which Lays Down Rules On Charging Executive Of Cra Credits For Housing That Indicates

Original Language Title: MODIFICA LEY Nº 17.635 DE 1972, QUE ESTABLECE NORMAS SOBRE COBRO EJECUTIVO DE CRÉDITOS PARA LA VIVIENDA QUE INDICA

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Incorporanse in article 1 paragraphs following second, third, fourth, fifth, sixth, seventh, eighth and ninth, becoming the current second sub-paragraph tenth " : Be sentenced for the crime referred to in article 470, number 8, of the Penal Code, where this relates to the obtaining of a housing subsidy. "
(ii) do not inhabit it personally he or any one of the members of his family group declared at the time of the application to the respective housing subsidy for at least five years, counted from the tradition or delivery of material, if this last is previous, or not to give a mainly residential use.
For the purposes described in the foregoing letter, means incurring the above grounds when the housing is without inhabitants; While are you busy so usual, exclusive and any title by inhabitants who are not members of the family group declared by the beneficiary at the time of the application; or if the housing is intended for non-residential use, including within this circumstance exclusive use as headquarters or premises that welcome community activities, commercial premises, or any other use that report pecuniary benefit other than the purposes for which the grant was awarded.
Only in duly justified cases, by resolution founded the Director of the service of housing and urbanization respective, at the request of the beneficiary or of who happens in their rights, one must allow the exemption of the obligations established in the literal ii) precedent.
For such purpose, shall constitute grounds exempt from such obligations the circumstance that is the beneficiary, or any one of the members of their families, which need to inhabit the House or make use of it, doing temporary jobs in another village, hospital, serving a custodial sentence, or caring for a close relative up to the third degree of consanguinity and second of affinity inclusive , among others.
Entered the request for authorization, the Director of the respective service of housing and urban development shall be dealt within the period of 15 working days. If after that period there is no statement, means that the authorization has been granted. While the authorization is pending may not start the procedures of certification or however that contemplates this law.
Without prejudice to the above, authorization may be brought once started any referral procedures. In the latter case, the service, or failing the apparent or alleged offender, it shall require the suspension of the same, and can only reset resolved once this last request.
If once started the procedure of execution is granted and accompanies the authorization, acquittal it shall be given.
The offending beneficiary means debtor of the amount of the allowance and the service, at the same time, creditor of the same. "."
((2) replace, in subparagraph b) of article 3, the expression "containing the Payroll" by "containing executory titles".
((3) Incorporanse the following article 4 amendments: to) replace, in its second paragraph, the expression "the payroll may contain" by "executory titles may contain".
(b) Intercalanse, then in its second paragraph, subparagraphs following third, fourth, fifth, sixth, seventh, eighth, ninth and tenth, becoming the current third eleventh: "(Constituirán título ejecutivo, para los casos contemplados en el literal i) of article 1, the final judgement or enforceable condemning to the beneficiary of the subsidy, together with the public deed or private instrument extended in accordance with article 68 of the law Nº 14.171" , as appropriate, indicating the application of the subsidy payment of housing.
In the case of the breach described in literal ii) article 1 °, Executive title shall constitute the public deed or private instrument extended in accordance with article 68 of the law Nº 14.171, as appropriate, in which record the application of the subsidy payment of housing, together with the certificate referred to that next.
Be certified non-compliance with the obligation referred to in the literal ii) of article 1 the, either by a Minister of faith specially designated for these purposes by the service, by a notary public or by an officer of the Civil Registry, through three visits to the dwelling acquired or built with application of subsidy, on different, mediating between them at least five working days days , in a period which may not be less than two months.
A notice which shall indicate the name of the person who should be compliance with the above-mentioned obligations, as well as the right which assists him in the authorization provided for in article 1 ° will be practiced each.
This notice will be delivered to any adult person who is in the residence and, if nobody is there, shall be fixed on the door.
Accredited the non-compliance in three visits, the respective Minister of faith will issue the corresponding certificate.
In no case may be certified the breach being pending authorization.
In any case, prior to the start of the certification procedure, the Minister of faith shall request the Director of the respective service of housing and urban development a certificate in which stating that outstanding knowledge and resolution authorization requests there are no. "."
((4) Introducense the following modifications in article 5: to) replace, in the first paragraph, the expression "Payroll that blows it, the" by "executive title that blows it, the".
(b) replace, in its third paragraph, the phrase "respective payroll, without prejudice to the powers of the claimant service to exclude it, in any State of the cause, certain debtors." with the following: "the title Executive respective, without prejudice to the powers of the claimant service to exclude from it, in any State of the cause, certain debtors, in the case of a payroll.".
(5) delete the article 6.
(6) add, in the second paragraph of article 7, after the word "Payroll", the expression "or enforcement".
(7) added in the article 8, after the word "Payroll", the expression "or enforcement".
(8) added, in the first paragraph of the article 9, after the word "Payroll", the expression "or enforcement".
(9) Insert, between articles 9 and 10, the following article 9 bis: "(article 9 bis.-the requirement of payment of the obligation derived from the offences contained in the literal i) (and ii) article 1 the, shall be carried out pursuant to article 54 of the code of Civil procedure, indicating these effects for the day, time and place to practice." If the debtor does not concurriere to this subpoena, the seizure shall be carried out immediately and without any further formality. "."
(10) added, in the first paragraph of article 10, after the word "Payroll", the expression "or enforcement".
(11) replaced by article 11 the word "Department", the two times it appears, by the expression "jurisdictional territory".
(12) replaced article 12 by the following: ' article 12.-in these trials may only oppose the following exceptions: 1a-the incompetence of the Court before whom the action is brought. "
2A.-payment of the debt.
3A-remission by the same law.
4A.-the existence of term pending to pay it, if appropriate.
5a.-the prescription the debt or only the executive action.
6a.-the not empecer the title to the defendant in error in fact in the preparation of the enforcement order, if it is those whose manufacture corresponds to the service.
7A.-that the certification has been made pursuant to subsection fifth article 4, but in no case can be discussed the existence of the obligation under the filing exceptions 6a and 7a.
8A. transaction.
9A. the authorization granted by the Director of the service, as provided for in article 1.
10A-jeopardy.
So they are admitted to processing, exceptions must be based on any written history or appear coated plausible basis. If not concurring these requirements, the Court cast off them flat.
The prescription of executive action shall run from the date of expiration of the conventional term which applies to the total payment of the obligation, since the certification in accordance with the fifth paragraph of article 4, or which stipulates the law practiced. "."
((13) Introducense the following modifications in article 14: to) delete in your subsection first expression ", in separate notebook".
(b) disposed of in his final paragraph the expression ", if there is not such designation".
(14) Insert, between articles 15 and 16, the following article 15 bis:
"Article 15 bis.-the procedure of sale established in articles 16 to 22 shall not apply in the case of actions under the Executive qualifications referred to in the third and fourth subparagraphs of article 4.
In such cases, the only merit of the resolution which ordered require payment and proceed to the embargo, or of the final judgment that failed exceptions opposed by the debtor, in his case, the Court will have the award of property seized at the service of housing and appropriate urbanization, which extend the respective writing award.
For the purposes of this article, the appraised value of the property awarded will be the equivalent of the amount of the monthly allowance, more contributions complementary of other agencies of the Government, if any, restoring the savings provided by the beneficiary, if it be the case.
If the executed pay debt and costs, pending the time fixed by the Court to extend referred writing, which may not exceed forty-five days, will be declared without effect award. "."
((15) Introducense following amendments in article 16: to) replaced, in its first paragraph, the phrase "a list of debtors that are delinquent and against" by the following: "executive title that matches against".
(b) add, in your second paragraph, after the word "Payroll", the expression "or enforcement".
(16) Reemplazanse, in the first paragraph of article 17, the expressions "of the Department" by "in the province" and "head of the province, at that not any" by "regional capital, if in that there is no"; and replace the sentence "If goods are located in a Department other than the one which follows the trial, the auction will be announced also on it." with the following: "If the property located in a province other than the one which follows the trial, the auction will be announced also this.".
(17) replace, in the first paragraph of article 18, the term "Payroll" by the title"Executive".
(18) replaced article 19 with the following: "article 19-concurrent to the auction bidders will make their positions, and if none of them exceeds the assessed value, or not to concurriere any bidder at the auction, the performer service will be awarded to that value the property." In this case, the service will pay the price, charged to the amount of the respective credit, with adjustments, consigning the balance and, in any case, the savings provided by the beneficiary at the time of the allocation of the subsidy, if any, in the Court, within the time that this set, which may not exceed forty-five days.
Also, can the service participate in the auction, even if any positions that exceed the appraised value. The property will be awarded in this case, if its position is the highest. If the service is not adjudicare property, the bidder offering the highest value in the auction may claim the property, entering on the Court offered price, which shall be paid to the service the amount of your credit, and the beneficiary must be returned you savings made at the time of the allocation of the subsidy, both properly reset, and the balance , within the time limit fixed by the Court, which may not exceed forty-five days. If the debtor pays the outstanding debt period, shall be declared void the award. "."
(19) replaced in article 23 the figure "six" by "three".
((20) Introducense the following modifications in article 24: a) removed, first paragraph, the expression ", which shall be granted only devolutive effect".
(b) delete the third paragraph.
(21) replaced in article 27 "the instance" expression "of the procedure".
(22) Agreganse the following articles 28, 29 and 30: "article 28-dwellings which is adjudicare service pursuant to the provisions of this law shall be made available by the Ministry of housing and town planning so this, within the period of ninety days, assign them to people who are in urgent housing need, privileging those families that reside in the same commune where allotted dwellings are located" as well as those that have a more seniority in the application to the housing programs of the Ministry. This mapping will be published in a journal of regional or communal, circulation for the purposes of advertising.

Article 29.-Dwellings built or acquired with the implementation of housing subsidies of the Ministry of housing and urban development programs, will be affected to the banning of acts and contracts during the terms indicated in the respective regulations that govern these programs and they must register in the respective register of prohibitions and bans in the conservative's real estate.

Article 30.-The Executive procedures they arise by application of this law, not be condemned costs to the debtor, unless the Court considers that it had no plausible reason to litigate. ".".