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Auction of a financed property · SPD Advocacia

Is the bank going to auction your property? See how to try to avoid the loss

Overdue financing with fiduciary lien, consolidation of ownership and auction scheduled. The deadlines are short: tell us about the case urgently.

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Straight answer

Can the bank auction the financed property?

Yes. In financing with fiduciary lien, after default and notice to pay, the bank may consolidate ownership in its name and take the property to auction. The procedure has legal deadlines and requirements, such as personal notice to the debtor and notification of the auction dates. Flaws in this procedure can lead to suspension or annulment. It is also possible to negotiate or exercise the right of first refusal to buy, depending on the stage.

What the law says

Key points

Notice

The debtor must be notified to pay before consolidation of ownership.

Auction dates

The debtor must be informed of the auction dates.

Preference

The debtor may have a preference to buy back the property, depending on the stage.

Urgency

Deadlines are short. Every day counts.

Source: Law 9,514/1997, arts. 26 and 27, as amended by Laws 13,465/2017 and 14,711/2023.

What is your case?

Situations the firm handles

Recent delay

Before consolidation

Negotiation or payment within the notice period.

Law 9,514/1997, art. 26
Auction scheduled

Suspension due to a failure

Improper notice can suspend the auction.

Case review
Already auctioned

Annulment or amounts

Challenge to the procedure and to the balance owed to the former debtor.

Law 9,514/1997, art. 27
Contract interest

Financing review

Abusive interest and insurance can be reviewed.

Case review
Occupation

Eviction order

Deadlines and defense in the action for possession (imissão na posse).

Case review
Company

Property pledged as collateral

Company or partners' properties pledged as collateral for bank debt.

Case review
This page provides general information, does not replace an analysis of the case and there is no guarantee of results.

Step by step

How the firm works

  1. Review. We review contracts, statements and charges, and tell you frankly whether there is something to dispute.
  2. Calculation. We recalculate interest, fees and overpaid amounts.
  3. Negotiation or lawsuit. We seek an agreement with the bank or file the lawsuit, with an urgent request when appropriate.
  4. Follow-up. Decisions, accounting expert reports and enforcement, with updates via WhatsApp.
+5 thousand cases handledTen years of law practicePractice before the STJ and the STFFeatured in G1, UOL, Estadão and TV Globo

Case review

Let's review your case

Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

I received a notice from the notary office. What now?

Seek guidance immediately. The deadline to pay is short.

Can the auction be suspended?

Yes, when there is a failure in the procedure or in other situations reviewed by the judge.

What if the property sells for more than the debt?

Any remaining amount must be returned to the former debtor.

I live in the property. Can I be removed?

The buyer may demand that the property be vacated. There are deadlines and a possible defense.

Do you serve clients outside Anápolis?

Yes. Service is provided at the firm's office in Anápolis, or online for all of Goiás and other states.

How much does it cost?

After the analysis, the firm sends a written fee proposal before any engagement.