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Ready to pass the Senate to its second legislative process was the project, initiated in a message, which allows the postponement of mortgage loan installments and creates a state guarantee to guarantee the payment of deferred installments
The Chamber approved it in general and in particular, by 142 votes in favor and one against, in the first case, and 142 votes in favor, with respect to the eighth article voted separately.
Specifically, the text establishes that banks, savings and credit cooperatives, managing agents of endorsable mortgage mutuals, creditors of the mutual loans granted by the aforementioned managing agents and insurance companies may grant deferral credits to their debtors of obligations guaranteed with a mortgage. , when the latter request it.
The managing agents of endorsable mortgage loans may grant deferral credits on their own account or of those who have been endorsed by the respective endorsable mortgage loans, when the latter authorize it.
The deferral credits will correspond to mutual money contracts, granted by means of a public deed by a creditor to his mortgage loan debtor, with the sole purpose of paying certain installments of the debtor’s mortgage loan, which will produce all the legal effects regulated in this law .
Notwithstanding the foregoing, the debtor may grant an irrevocable mandate to the creditor, so that the latter, on behalf of the debtor, may enter into the deferral loan agreement, pay the installments of the mortgage loan specified in the deferral loan agreement and request the respective registration before the competent Real Estate Curator, among other matters.
The postponement credits will be exempt from the payment of stamp and stamp tax and the procedures and requirements that the regulations of that tax consider.
For the purposes of this law, it will be understood that the mortgage loan installments that are paid with the deferral loan include the interest, amortization and insurance or other expenses associated with it, which correspond to be paid by the debtor to the creditor.
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