embargo
For those who suffer an auction
Posted by admin on December 18th, 2009 | 1 Comment »
Filed under FAQ's | Tags: bank , eviction , foreclosure , execution , however , but from my house , lien , mortgage , default , trial , trial , launch , auction , judicial auction , auctions , auction , Auction Trial
What can be done before a claim of foreclosure?
Posted by admin on July 20th, 2009 | 2 Comments »
Has begun a process of execution against you, why the applicant has requested that we make the payment of the debt and notify the resolution initiating the enforcement. Here we report on a number of issues that may arise during the claim and may be of interest to you.
1 .- PAYMENT OF DEBT
2 .- AVAILABLE ON THE IMPLEMENTATION AGREEMENT
3 .- Acceleration and potential for rehabilitation loan (693 ART. LEC)
4 .- OPPOSITION TO THE EXECUTION.
5 .- CLAIM BACK THE SALE OF FARM MORTGAGE
6 .- LOSS OF POSSESSION OF THE FARM
_________________
If paid in the requirement or before entry of the execution, will be the sum of money available to the performer, be issued to the executed proof of payment made and, where appropriate, it will terminate execution.
Although pay on the spot of the order, will be responsible for all costs incurred, although it can justify, on grounds that it is responsible, could not make the payment before the creditor promote the implementation.
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2 .- AVAILABLE ON THE IMPLEMENTATION AGREEMENT
If you come to some agreement with the performer or performing any type of payment on account of debt, make sure it has been made known to the court by the performer. While it does not say otherwise execution will not be paralyzed, being able to generate costs for which they could respond.
You should know also that the quantities to be delivered through the account of the Court shall be applied first to principal claimed, thus reducing the amount of interest on arrears. Only apply to interest and costs if, after deduction of the principal, these are determined by appropriate assessment or appraisal. At any rate, confirm this point with the court to take your case.
In any event, any amount delivered directly to your creditor without a receipt indicating that the concept be applied, stating that it intended to pay the debt claimed in court.
In addition, you can ask the court to convene a hearing in order to agree on the most effective embodiment of the property against which performance targets.
If the performer be agreed with the hearing and the court found no reasonable grounds for refusal, the agreed without suspension of execution, calling on the parties and those recorded in the process that might be interested.
At the hearing, may propose any form of realization of assets subject to execution and submit to person, entering or strengthening, offered to acquire the property for a price higher than expected could be achieved by judicial auction. Also fit to propose other forms of satisfaction of the right of the performer.
If it were an agreement between the performer and you, they will not cause injury to third parties whose rights protect this Act, the court will approve an order and suspend execution against the property or assets covered by the agreement. Also approve the deal, with the same suspensive effect, they include the compliance of the subject, other than performing and implemented, would affect those.
When certifying compliance with the agreement, implementation will be archived on the good or goods to be referred.
If the agreement is not met within the agreed period or, for whatever reason, not achieved the satisfaction of performing on agreed terms, he may ask to lift the stay of execution, and calls for the auction, as provided in this law.
If no agreement is reached, the hearing to try may be repeated, as provided in the first two paragraphs of this Article, if the circumstances warrant, a court, to the best performance of the property.
If the performer is no reason to deny that appearance you can report the possible abuse of rights, since those involved in all sorts of processes in their actions must conform to the rules of good faith and the courts are obliged to reject requests and incidents that are formulated with manifest abuse of law or involving fraud or procedural law.
In addition, the law allows that if the courts consider that a party has acted violated the rules of procedural good faith, may impose, giving reasons, and respecting the principle of proportionality, a fine may be between one hundred and eighty to six thousand euros.
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3 .- And Acceleration possibility of restoring the LOAN (lesson ART. 693)
The Act states that can only be claimed the entire amount owed for capital and interest if it had been agreed the total due if failure to pay any of the different terms and this agreement is entered in the Land Registry. This means that the creditor may claim not only the time you have left to pay but all that remains outstanding until the end of the loan, which will surely be a much higher amount for which payment can not service immediately.
First check if the pact, which is called "early termination" of the debt for non-payment of contributions is registered in the Land Registry for the purpose of being able to oppose the claim for lack of debt maturity that is being sought.
Even if they claim the entire amount owed for such a covenant is registered in the registry, you should know that if the mortgaged property is your homestead may, but do not want the institution to demand FREE GOOD by showing the exact amount of overdue principal and interest is pending on the date of filing the application, plus, where appropriate, with the maturity of the loan and default interest as they occur throughout the proceedings and all outstanding result or in part.
This means you can see for yourself or ask the Court to indicate what amounts were due as of the demand for unpaid bills (four, five or six months, whatever), and interest on arrears at the same date .
Once you do that, it will be the entity shall submit a final settlement of debt maturities including principal and interest paid during the execution. If this settlement was consistent with the enforceable and would not have entered the amount of the maturities included therein, the payment will be made to the plaintiff under the settlement resulting from the filed. If you do not agree to such settlement shall be entitled to challenge it, and be what it is resolved.
If you make the payment of all such amounts shall be paid the costs, in case he was forced to pay for lack of legal aid, and the court issue an order declaring the procedure is over, and you can continue paying the bills in successive manner specified by the mortgage deed to the end of the loan.
This power of what is called "rehabilitation loan" has it ONCE. If you stop attending the receipts back to be auctioned can turn your home without the possibility of rehabilitation.
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4 .- OPPOSITION TO THE EXECUTION.
In these procedures is only allowed its opposition when it merges into the following causes:
1. ª Extinction of warranty or obligation secured, provided that this certificate of registry expressive of the cancellation of the mortgage or, where appropriate, the non-possessory pledge, or deed of receipt of payment or cancellation warranty.
2. ª Error in determining the amount due, when the guaranteed debt is the balance that yields the closure of an account between performer and performed.
In this case, you must accompany your copy of the book in showing the seats of the account and only allowed the opposition when the balance throw the book is different from that resulting from the one presented by the performer.
It will not be necessary to accompany the book when referring to the procedure resulting from the closing balance of current accounts or similar operations under contracts granted by commercial banks, savings or funding which has been agreed that the amount payable if the execution is specified in a certificate issued by the lending institution, but must be expressed with sufficient precision the points where they disagree with the settlement made by the entity.
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5 .- CLAIM BACK THE SALE OF FARM MORTGAGE
They also need to know that despite selling his house or premises may not be paid off the debt. So if the proceeds of the sale were insufficient to cover the credit (if requested one hundred thousand euros, plus interest and costs, and the auction will get ninety thousand), the player may request the seizure by the missing amount and continue execution under the ordinary rules applicable to any execution.
This means that if you have other real or perceived some type of fee may also be seized once sold the property to cover the total debt.
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6 .- LOSS OF POSSESSION OF THE FARM
Because it started implementing this procedure you do not lose the rights to the mortgaged property. You can only lose its management or ownership if the performer asks the court, after a period of ten days from the payment or from the office of enforcement.
Thus, the creditor may request that would give the interim administration or possession of the property or mortgaged. Charged in this case the rents due and unpaid, if they had stipulated, and the fruits, rents and subsequent products, thus covering the cost of maintenance and operation of the property and then his own credit.
For the purposes referred to above, the interim administration will notify the occupant of the property, a statement that is required to make the administrator should make payments to the owner.
Are you the occupant of his family home, or if the estate does not produce any income or gains the attention of the court put it when notified of the request of the creditor if it deems that the administration is not appropriate in this case.
Filed under Legal Auction | Tags: attorney , help , Help me , seized my house , however , but from my house , mortgage , need help , I can not pay , I lose the house , auctions , estate auctions , auction floors , Judicial Auctions
Would I recommend private equity fund with my debt as a last resort?
Posted by admin on July 10th, 2009 | Comments Off
NO, a thousand times NO.
Perhaps the best way to explain our response is by reading the following article in the opinion, which humorously, was published online on Friday, June 8, 2007. We felt right at the same time entertaining the author's exposure on certain loans made by private capital. Lean, is priceless:
Investment Representation Private Equity Mortgage with three acts: Presentation and Nudo
I think most people will ring us. They have multiplied like mushrooms. And yet, sometimes I have the feeling that the operation is unknown. I say this because there are still people who resort to it, both from the investor side, and from the side of the debtor. Focus the shot and see how it develops this classic drama in three acts.
To begin with, and although the operation is usually very similar points, I will not talk about the typical private lender for life. I will not talk of that man who lends you money and that it is better for your physical and / or property, give it back. There are those who resort to law and mortgage guarantees, and must rely on the extensive experience of Eastern Europeans in conflict resolution through dialogue ...
From what I am talking about is refinancing these firms engaged in private equity investors look for suckers to plug financial holes evicted. The protagonists in this theatrical performance are:
- Refinance Company (ER): Advertise investments backed by mortgages and with 2-digit returns. That if, curiously, they do not usually put your pasta into a business so buoyant. The commissions range, but rarely move to these issues below 6,000 euros. Refinancing company will also be responsible for coordinating with the notary signature and documentation to prepare / generate.
- Investor bold (IA): Usually people who mumbles as the Bank misleading. Rather mature age above 45, well positioned and with excess liquidity. The stock market and fixed income long seem very risky. But good vibes give references to mortgage loans, the statement to the notary, the wide coverage between investment and the value of the property in question.
- Financial Kamikaze (KF): Drowned debt and short-term situations that often lead to foreclosure. Usually delayed one or more mortgages on your home, and is in pole position of the debtors' records. Obviously the options that an entity would agree to refinance the gunboat is 0 1,000 million. Count the days waiting to be called the court .... Suppose you have a house worth 360 000 euros and a mortgage for 180,000 euros LCSA balance to this date and who once was signed by 200 000 ... ..
And now, as promised:
PRESENTATION:
ER comes in contact with our two friends. A KF will sell the bike with the philosopher's stone for your problem:
If, KF, your problem is that your credits CIRBE listed as in default, have an egg in Asnef notes, etc ... boy, you are not presentable. But we can give a hand painting. We can get enough money to put your credits up to date and regulate other debts, sacándote well as listings of default. Do you have arrears of 37,500 euros but between expenses and other I think with a loan EUR 50000'll fix it. As you're pretty and shiny, like a car Belgian import, we can take friends where financial institutions that are sure to give credit for all debts detus. because you've had bad luck ( have had money, I'd say). Interest? as a credit card, 20%, but boy, will be only for six months ... and then salvation. In addition, the interest you will pay in the end, you will not have to pay anything monthly. Not notice it. Already canceled the new mortgage you get along with the rest of your debt. "
On the other hand, ER is going to eat the ear to IA.
I have a fucking great investment option. Look at six months a 20% return. And, hey boy, you can do whatever you want, you must declare it in theory but I met people who do not. You know what I mean. The minimum amount is 50,000 euros Do not have 50,000 euros? It's okay, I'll get other investors who are in your situation and together you guys put that extra money cost. And hey, if you need your quiet pulp before those six months this will assemble on bills of exchange . You can take them to your bank and those you anticipate no problems , that will be backed by mortgage collateral. What you do not pay? You'd better do, is to guarantee your home, worth 360 000 sweet potatoes and a mortgage that is less than 180. If not paid, you keep your home and sell it later. It's almost better not to pay ....
KNOT:
Everyone is happy. They meet at the notary the three. IA has taken the money from the bank, avoiding prying questions of the director.
"What a cocoon, or that it was his money. He has no idea of how profitable. Luckily I could raise the 50,000 euros. "
KF breathe at last for months. Salvation is near.
"If the type is expensive but not much more than that card revolving I squeezed. Hell, because LCSA will not be such a solution occurred to me. Do not know how to treat customers. ER if you are a professional or the top of a pine. I think I like (Time modosita). "
ER is in a state of near mystical explosion ..
"Life can be wonderful, Salinassssssssssssssssssssssss ... ... ..."
The Notary reads KF parties issued a bill of exchange for 6 months worth 60,000 euros, and for IA, with the guarantee of a mortgage on your home. ER has clarified just before going to sign "
"The difference between 50,000 and 60,000 receive acknowledgment of debt in the letter is interest, this 20%. In addition, well, not express interest we save a little money in the face of the Treasury. "
Ahhhhhhhhhh.
Well, receive, receive what is said gets nothing. The 50,000 euros in IA are broken down into:
a) $ 10,000 go straight to the ER. (in some performances it documented and not in others, we're among honorable people and bills are dishonorable).
b) EUR 2500 notary costs, registration, agency, tax letters and the registration of the security thereof, and lifting of embargoes on the registration number, etc ... (NDA ... I have not stopped to adjust the cost and also varies CCAA)
c) ER keeps them 37,500 euros to pay his client's creditors, mainly LCSA before you run. So also end up leading him out of the default files.
In the Property Registry shall register as a second mortgage, after the LCSA a mortgage bills of exchange articulated in favor of IA, maturing in six months, amounting to 60,000 euros.
In the next post:
KF Will reunite their debts and worry only if Real Madrid win the league?
Will it give in to their noses IA Bank director explaining his brilliant financial transaction?
ER Will collect another commission in the final reunification of KF?
Does it really cost was 20% for KF? and most importantly, do we really care?
And Finance, will think of this?
Mortgage Investment Representative with Private Capital: Alternative Outcomes
In the previous post we had presented to our friends. We had also explained the fraternal relationship that had been sealed before the Notary. It is now the outcome. As I noted in comments to the first part, I love the timelines, parallel universes, alternative endings. There's always more of an end, although not all with the same odds. I therefore two finals, but also the factors to take into account that each mount the one you like.
Disney's cut
It is possible that our friend KF does no more treats in these six months. IA also sleep easy at night while thinking about the next operation will do with this monster of ER, and how to pack on the Christmas dinner with his brother about his financial eye. And that ER moves with recognized financial institutions to accept a mortgage that recasting the debt. Perhaps saving sign that mortgage before those six months, in a reasonable and viable codiciones. Maybe .... Maybe go to the Uefa Cadiz in the next 5 years ....
Because, as I said at the Santiago Segura interviews documentary called Sex Oral and write memory and adapted:
What if I have ever had sex with a complete stranger? Yeah, right. I went into a bar, exchanged glances with an aunt, and without saying anything, just 5 minutes in the bath so.
Nope. NO NEVER happened to me.
For that, I do not know any case like this, but certainly are like witches. Having Hayles.
Chances are other outcomes. And this is due to the existence in this play of the following subplots:
1. MORTGAGE LOAN infeasibility: Suppose that ER is really the search is at work redeeming the mortgage. I say assume, because some only sought the commission already sausage. But the thing is very sick. Because this bike preferential agreements with banks to get that mortgage later they are still in most cases an exercise in voluntarism advertising. Agreements exist, but commissions, and not to eat brown. And as you know the Bank is a brown, if our megaprofesional has been cleaned up and cleaned debt delinquency records?
Perhaps because ER did not do more to bring brownies to the office?
Perhaps because the simple registry note there is a second mortgage with bills of exchange?
Perhaps because of that second mortgage is a particular?
Perhaps there is some resistance to hand extracts the last year of the loan and the account associated with it?
Perhaps, perhaps, perhaps ... ..
And ER thinks it is time for KF move your ass, that's not going to do everything him. That he has already won the hardest.
2. Illiquidity of letters: And if IA needs the money ... This sucked. ER told him to go to your bank and that the anticipated money. For that, one day about his branch and that it poses dunce director, who stares at him with bovine eyes.
"You see, this is like a loan, even having this mortgage. We will anticipate the dienro you, but do not pay (and our experience is that they do not pay) to you
debited with the commission. Bring your personal income tax, your payroll, writing home, the criminal and the certificate of baptism and ... we'll see if what you give, because my boss does not like anything these operations. If at the end supports it, the type will be more expensive than we have in personal loan campaign. "
IA does not leave his astonishment ...
3. PROFITABILITY OF OPERATION: If there is a French method of depreciation, to speak of a return of 20% in this operation is to speak of a method for calculating Galician TAES, where the fundamental variables we add a variable called D: Depends ...
And that depends on the profitability of IA when copper. If charges due, without problems, or even before, your yield will be far superior in terms of APR, because the transaction was not a year. We could talk about a return to almost double the 20%. But if the operation is delayed, if you have to stop claiming in court, the profitability depends on the costs and deltiempo it takes to charge ... ayyyy, than harm.
But is that KF is not as simple as 20%. If KF gets to pay the debt within the agreed time, Debrie not forget that it was not 6 months, so the APR is doubled. But then I dont really should include the commission of a friend who has become ER. Friend KF, interest 10,000 10,000 avence more jerking commission will make that SAD is triggered by over 80% ... ... ... glups.
With respect to profitability for saving me comments ER.
4. WARRANTIES OF OPERATION: A RE you forgot to point out a number of temillas IA unimportant.
a) It is true that the LCSA mortgage is for 180,000 euros, even a little less after regularize their status. But he said that ensuring that mortgage debt is not only effective, but also the interest on late payments and legal costs of LCSA if aa KF bring him to trial ( mortgage liability ). And that coverage is approx. 150% of the loan granted limited, so LCSA has preferential right to recover the amount of 300,000 euros compared to him. The incredible shrinking warranty.
b) Nor has said that if LCSA, in these six months, and to further breaches of KF, leads him to court, it will get interesting. IA must appear in person at the trial lawyer and prosecutor, to enforce their rights. And what are they? Well, if LCSA auction just getting good this entity will have two options, or let a third will stay with him or calling its price to keep the floor. If at the end a third party as the friend Tristan , just staying with the good the situation may not be as happy as he expected. The first one is recovered LCSA and the remainder would be for IA. Be something?
c) And when reached maturity and does not charge LCSA IA is still doing nothing? IA shall, in all milk, to urge an enforcement proceeding. That if, when the time of the auction. Everything will get first to LCSA. Sound familiar story, right?
d) Neither has spoken of the ER to IA Azcarate Act or usury . The law is the beginning of last century and although it is not repealed is seldom used in court. But when I used is devastating, because if it is felt that in light of the law is usury, the contract is void. If KF can be shown that only received the money said the interests included in the letter should not be paid to IA.
5. DIFFICULTIES IN THE SALE OF PROPERTY: If KF trying to sell the property during those months will see some faces. And will the faces of real estate agents or buyers when they see the existence of this unusual second mortgage on your property. Some are frightened and they will back. How are you going to give a signal to someone like that? Others do not want to complicate life too much. And others, sniffing blood, he held it tightly.
6. PROBLEMS WITH THE CANCELLATION: Hopefully you will find a buyer. But this will require IA present at the notary on the day of signing the letters. Go find a IA. And pray for no points deducted at the Bank. Or worse, they have been granted a third, who is the current holder of the letters. Some people are said to buy this kind of letters. More least oo are the profile of companies specializing in undivided and maybe referenced through ER.
7. MONITORING OF FINANCE: IA, tax objector occurred, has no intention to declare such income from capital. How is Treasury going to find this operation between individuals? Certainly you may not find out, but has the means to do so ...
a) He asked for a cash refund of the amount in its branch in 500 notes. The money in your account is absolutely clean and transparent. As your account to the Treasury. These movements were recorded and a possible tax inspectorate little eye, which drives up the serial numbers in some cases ...
b) Finance has direct computer access or a copy of all scripts involving a notary. Without even asking permission. But in this case, to register the mortgage in favor of AI in the registry has been forced to liquidate AJD tax with taxable IA ... Well, you just need to let the IRS a path of crumbs ...
8. THE PHYSICAL LAWS OF APPLIED TO GAS GIMMETWO: I think it was Boyle who said that the gas has to occupy as much space as possible. For with the irresponsible financial and KF is the same. KF, almost certainly, will come to this point not a disgrace, but by a systematic lifestyle. Spending methodically over what comes in, giving your body like the consumer and without missing anything. Resorted to easy credit will butt as making use of the hard drug. And does anyone think that a credit will be rehabilitated junkie when it recovers again its ability to repay?. Again the financial gases will tend to occupy all of its resources. Dr. ER Him has alleviated the symptoms, but not cured cases.
These elements can build multiple outcomes. In my opinion, the most common is ... I will share.
DIRECTOR'S CUT:
1. After 5 long months ....
KF does not sleep at night. Missing a few weeks to expiration of the letter. The issues have been raised to the nth degree. ER can not solve the mortgage credit. The eLearning Awards website has done a tour of visits to financial institutions and telling his own case "sweetened" was brewing ... when it appeared the particular mortgage passed to establish a sanitary cordon around him. Evicted. LCSA has spoken with to try to take over but the response has been brutal.
"Look sooo nice, we do not like what that private mortgage. Although we do not directly affect the burden placed on the farm you know that this makes it difficult for you to sell on the market. In that sense you have worsened our viability and indirectly. No barracks because we can give you is fat to die, so to the first defaults are going to get you to trial. You are warned. "
And the first default has already arrived. And also notice from the district. And during this time is that KF has been turning to go into debt with loans faster than expected to remove the magical mortgage ER, which never comes. The situation becomes untenable. Fortunately, you have counsel and legal aid. Does not pay a penny, that something has to make the state by people like him.
IA for its part has also been notified as an interested party in the proceeding. Take diazepam as if they were Sugus. Talk to ER and this says to stay calm. What guarantees. That this property. But what the hell warranties. The money and now he wants money. And instead you have to pay a lawyer and a solicitor to represent him. The lawyer has been clear:
"The issue is complicated. The LCSA will be, so starting again the 180 000 euros. But the quotas will continue to accumulate and earn interest on late payments. Besides the minutes of the LCSA attorney also be included in the guaranteed amount of the mortgage. Put that $ 10,000 will remove them but not anyone. 190,000. You must be the IBIS the council for three years and has arrears of the owners of such works, all worth over 15,000 euros. Although such charges are preferred also do not appear to yours. Reza because it comes up for auction because the value of the property will plummet. Maybe you should bid to stay even with good. And beware if you do not Azcarate implement the Act. "
ER sleeps peacefully. It's a professional. No, not finance. The nose. No calls will affect any of the parties. He has done everything he could and is quiet. You are older. He's like a doctor. Heals the sick but some will die. And while you sleep, guess you have this man in the head?
"Life can be wonderful, Salinasssssssssssssssssssss."
2. At 18 months long ....
A year has passed since the theoretical maturity of the note. IA has started legal proceedings to that point are not prejudiced, but this at the tail of the procedure still has lamzado LCSA. This has been completed, and condemns LCSA KF to pay the balance credited to a 195 000 euros. It has already set for the next days the auction, with an output value 300 000 (amount by which the house was valued for mortgage).
KF has found a buyer at 280,000. No big deal, but going to auction is a lottery where you have much to lose. It is very unlikely to be any money for him in that case. The purchase has made their accounts and still has a beak for the transfer and leave rent
LCSA 195 000
IBIS + 15 000 CDAD
IA 60 000
To KF 10 000
The IA is carried by the devils. Almost two years years later going to collect the letter. With interest if, but it will suck up the costs of lawyers and the prosecutor, as well as the accrued interest. Numbers with the lawyer making his return would come barely a 6 or 7% annually. And thanks. If does not agree and falling sales, faces the awesome scenery of the auction. Swallow. Go if swallowed.
3. One year after the facts ...
KF continues to rent. Let's see what goes through your head.
"Uffffff to see when I just pay for these personal. Sure, the card's Carrefour are wrong. I have uploaded something that is not mine. Do not forget me next year sign up for social housing. See if you touch me, that the subject is impossible. And I say that all the Spanish have the right to home ownership, no. Speculator so no one can buy .... "
IA, unlike others, if one writes ...
"And this letter I have to pick me back to the Treasury, what will? For no good, for sure. By the way I'm going tomorrow to pick it up and see if I find out about an investment in repurchase bonsai .... And this letter from the bank? Hell, go shit in interest. They're thieves. As ER and KF, and judges, and legal system. Not because it does not protect people like me. The Administration is also guilty. "
ER is a winner. Life will smile, tiki-taka ...
"Let's see if the franchise business. I can not let my know-how is not developed. I give back to society what this has given me. I like the Lexus .... "
Filed under Refinance | Tags: Asnef , Help , Help me , private equity , money , private money , however , need help , need money , lenders , rai , Refinancing , refinancing , usury , usurers
When required by the debt?
Posted by admin on July 10th, 2009 | Comments Off
The mortgage action prescribes after twenty years, and have no personal limitation prescribed special term to fifteen years. (Article 1964 CC)
The action expires in five years (term force Judgement becomes final), but the limitation for personal debt it is at age 15, that is, that if five years have passed action is outdated and must therefore be the Entity start again, ab initio, the procedure, provided it is within the limitation period.
Limitation and prescription are two different institutions with different legal effects.
Debt has an exercise period of the action of 15 years, which is time-barred. It interrupted the time he filed the lawsuit, and from that moment (or rather from the interrogation of the defendant to receive it) is to begin within perscripción again from the beginning. The limitation of actions is interrupted by the exercise before the courts, by extrajudicial claim of the creditor and any act of acknowledgment of debt by the debtor. (Article 1973 CC)
Personal actions that have no special term of limitation prescribed precludes at fifteen.
The actions for which payments are payable annually or at shorter time-barred after five years
The enforcement of judgments expire after five years from the finality of it, according to the LEC 1 / 2000. If the sentence is prior to this Act, the five years begin to run from the entry into force of the same.
The AEAT has a term of four years to determine the tax liability by timely statement to run from the day following the end of the reporting period. From that settlement takes four years for meager pay. Any request interrupted the limitation period. (Art. 66 to 70 of the LGT.)
Civil Code articles that apply:
CHAPTER III
The limitation of actions
Article 1961. The actions prescribed by the mere lapse of time fixed by law.
Article 1962. The actions prescribed movable property after six years of lost possession, unless the holder has earned at least end the domain, under Article 1955, and excluding cases of loss or public sale, and the theft or robbery, they are generally subject to the provisions of Paragraph 3 of the same Article.
Article 1963. The real action on real property expire after thirty years. Is understood
Filed under FAQ's | Tags: banks , debt , however , mortgage , prescribed
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