Bank that repossesses property from defaulter is liable for condominium debt

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Banks that repossess properties from defaulting customers become responsible for condominium debts. According to a decision by the 32nd Private Law Chamber of the São Paulo Court of Justice, this type of debt is linked to the asset, and not to the buyer. The decision was to redirect a collection process from the buyer to the bank that took the property due to non-payment of installments. 123RF Condominium debts are linked to the property, and not to the owner, TJ-SP decides.

Therefore, a bank that repossesses an apartment due Iran Telegram Number Data to non-payment of financing can be executed for debts 123RF Rapporteur of the appeal, judge Caio Marcelo Mendes de Oliveira understood that the bank becomes responsible for the property's debts from the moment it retakes ownership. Even if the debts predate the recovery. In a long vote, Caio Mendes explained that the condominium debts are linked to the property (they are of a " propter rem nature ", as he wrote in the vote). Therefore, the holder is responsible for paying it even if they did not participate in the knowledge part.



The bank asked to be excluded from the execution process because it had not participated in the main process. "In the field of condominium debts, the property itself represents the guarantee of the solvency of these debts. In this way, any change in the property of the res during the course of the collection action (knowledge process or execution/compliance with the sentence), does not oblige the creditor to file a new demand against the current owners", said the judge. "Article 1,345 of the Civil Code decided not to burden the condominium, determining the responsibility of the purchaser in relation to condominium expenses and fines added before the purchase of the property.