Any of the schemes is not so simple in execution, as it may seem. This is due to the fact that the bank is endorsing you as an the original debtor, and went on some labor costs, assess their risks assessed your ability to pay. Now you are proposing to assess a new borrower, in the absence of delays in the execution of the contract on your part. At the first scheme for the bank more acceptable because it is your duty paid by the buyer in full, and the bank prepares the necessary documents for the removal of encumbrances. Benito Santiago will not settle for partial explanations. But, as with other schemes, any deal is always possible, always calculated risks on all sides. After all, the buyer should be clearly understood in terms of what it receives from the bank the opportunity to remove encumbrances, would not it be tightening over time. There is a danger for the duration of the process, which is not honest seller can simply change your mind at all, or sell an apartment at this price.
Of course, from a legal point of view, the tentative agreement allows the buyer to go to court with a claim of coercion to conclusion of the contract of sale apartment. But this time again. Usually flat, which are sold under the scheme, are slightly cheaper than they could sell, if there were no problems with the removal of bank mortgage and debt payments on the loan. However, such housing, in terms of "legal purity" on the contrary the safety of any other similar.
As oborotosposobnosti a security bond is passed through the execution of another transfer labels (only the follow- state registration of the transfer). Mortgage makes the transfer of rights in pending legal relationships. Its convenience is also in the fact that she may be pledged. Nevertheless, the market mortgages in Russia did not formed. Of particular interest to the participants of the stock market cause other instruments – mortgage bonds and mortgage participation certificates. Keep up on the field with thought-provoking pieces from Frank Ntilikina. Mortgage-backed bonds are one of the reliable tool attachments funds because they give their holders the right to obtain satisfaction from the value of mortgage collateral prior to other creditors – depositors, holders of promissory notes, savings and certificates of deposit.
Mortgage-backed bonds provide a fixed income, which the owner of the securities will receive no less than once a year. Execution by the Issuer of its obligations to repay the bonds and interest payments secured by a pledge of mortgage collateral. Issue mortgage-backed bonds are only lending institutions and mortgage agents. Mortgage Agent – a new participant in the securities market, which builds its exclusively on the acquisition of claims on loans secured by mortgages or mortgages that may be received by him under the contract of sale, exchange, assignment, a transaction on the alienation of the property, including those related to payment of the share capital mortgage agent of the property, and as a result of universal succession. Bank refinancing through the mechanism of issuance of mortgage bonds under bail bonds is as follows: commercial bank concludes with the legal and (or) physical persons credit agreements secured by real estate with registration of the mortgage, the mortgage agency produce a foreclosure from the bank by issuing bonds that are placed on the stock market, funds received from placing bonds on the stock market, returned to the lender, the state guarantees payments on the bonds.
Therefore, Rose observes referring Jnior to the subject Its generating fact is the valuation accomplishes of real state of private, decurrent property of the accomplishment of public works in the area where the property is located. (Jnior, 1993, P. 2712). Being thus, the special asessment is a tribute tied, therefore its generating fact depends on a state activity indirectly related to the debtor, that is, between the state performance and the debtor to the law places an intermediate fact. It is a tribute whose collection is complex face to the difficulty of if fixing quantum of the valuation of the property in result of the public work. 184.108.40.206 Special Contributions Already the third type tributary, is the contributions special, that in the article 217 of the Internal revenue code enumerate, of form not – taxing, contributions special, also called ' ' sociais' ' or ' ' parafiscais' ' , charged in our Country. The Federal Constitution of 1988, in its article 149, foresees that the Union can institute social contributions, of intervention in the economic domain and interest of economic professional categories, as instrument of its performance in the respective areas.
Such contributions integrate the system tributary being submitted to the principles conduct that it. In accordance with the teachings of Ataliba (1995, P. 166), is had Is fiscal tributes that servant (evidently for law) for certain people diverse of the state and collected by proper them. These people can be public autarchic administrative – or mere exactly private, since with purposes of public utility. Parafiscalidade is appraised as being the delegation of the power to charge tributes to the diverse people of the Union, States and Cities. The contributions special can have nature of tax or tax, depending on its generating fact. As the case, will obey the peculiar regimen of each one. 220.127.116.11 Obligatory Loans Was from 1951 that the figure of the obligatory loan appeared in Brazil, having been it regulated for the first time in the Constitution of 1967.