What is Judicial Mortgage?

What is Judicial Mortgage?

In order to understand what a judicial mortgage is and why it prevents the owner of a property from registering it in his name, we need to understand how the mechanism of a mortgage in general works.
Simply put, a mortgage is like a legal bond that unites a certain foreign asset to the fulfillment of a specific obligation. Because of this, it is one of the types of real guarantees in the judicial system, that is: the mortgage is the presentation of a certain asset, such as a property or land, as a guarantee that a certain obligation will be fulfilled (such as paying a loan).
There are three types of mortgage in the Civil Procedure Code: conventional (made in agreement between the parties), legal (defined by law) and judicial.
The judicial mortgage occurs when the guarantee of an asset for the fulfillment of an obligation is given by a judicial decision, that is: a creditor files a lawsuit, exposes the case in court and the judge decides to place one of the assets of the person who owes it as a guarantee for the fulfillment of the obligations of the case.

RECEBA VAGAS DE EMPREGO 22 EM PRIMEIRA MÃO

Why is it now more common to see court-ordered mortgage cases?

 
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