"Article 1.-documents or instruments referred to in no. 3 of article 1 of Decree Law No. 3.475 of 1980, which have been agreed on the occasion of the granting of mortgage loans to natural persons, destined to pay another former credit of equal nature, which had intended to acquire, build or expand homeownership, will release tax in accordance with designated up to the equivalent of 36 unidades de fomento (, according to the duration of this unit the day of sign-up or grant the respective documents, for the set of credits with mortgages that are granted during the period indicated in article 3, subject to the following conditions in a coordinating way: to) that the original credit be paid the maximum amount of the tax established in no. 3 of article 1 , of the decree-law cited, or has been covered in the exemption established in article 3. º of the Decree Law Nº2.552, 1979.
(b) that the amount of new credit is equivalent to the balance owed by the previous credit that is paid with the new credit; adding the interests that capitalize on as a result of the prepayment, appraisals and other such related costs payment, including this same type of expenses charged by the new entity that grants the credit when appropriate.
(c) in the public deed to give account of the new credit mortgage make express mention that the credit is earmarked to pay previous credit, identifying the property purchased with the loan that is paid.
(d) that if the new credit is issued by an entity other than the one which granted the credit that is paid, in addition it must meet is stated in the letter, insert the original credit issuer certificate, which shall be obliged to issue it. This certificate must be expressed, that the credit is paid with a credit granted by another financial institution, identifying it properly. Also you must insert a certificate of responsible for the entire tax coffers of the stamp and stamp tax due on the loan that is paid in advance, which shall be obliged to grant it; (it will indicate that the designated tax was heard in tax coffers, or credit is welcomed to the exemption referred to in the letter to) of this article or that established by this law. In the respective deed, the issuing entity of the new credit, in turn, must declare the amount effectively paid to the entity that granted the original credit, identifying the means of payment.
(e) the mortgage that caucione the new provision should fall on the same well root on which the mortgage that caucionó the original credit was founded.
The exemption provided for in this article shall apply also to documents that are issued or sign in relation to the credit of bond granted while it is perfected the final mortgage operation, although not of this nature, provided that in the document giving account of the claim are points that he is granted in relation to a mortgage credit intended to extinguish an earlier one that has served to buy a House by properly identifying good root.
In the case that has been granted a credit of those listed in the preceding subparagraphs, to more than one person to acquire, build or expand same housing, may benefit from the block exemption established by this law, on new loans that is granting to pay previous credit, all debtors. In that case, the limit of exemption referred to in the first subsection, for each debtor who obtains new credit to pay the former will apply.
By the granting of respective writings, inscriptions, annotations, hoists and cancellations which you need to practice, and certificates and copies to be delivered, public notaries and conservatives in real estate, respectively, may not charge an amount exceeding 50% of the quantity set for the performance in the current tariff. Conservatives of real estate only will charge 25% of the surcharge and 25% of the increase referred to in the second and third paragraphs of the letter to) No. 1 of article 1 of the tariff set out in Decree No. 588, free, from 1998, the Ministry of Justice. However, the only limits apply up to an amount equivalent to 3,000 units of development, according to the value of this unit to the date they are granted or registration documents, and may charge for excess to that amount the total of rights which may be applicable in accordance with the respective tariff.
Mortgage debtors referred to in the first subsection, that are subject to the law Nº 19.622 benefit, will maintain this benefit, and must record in writing that realize the new credit that this is covered in the Act, according to the provisions of this article.