NOTÍCIAS

Emiliano de Almeida Advogados Associados achieved full success in an action seeking to annul a property auction.

The case involved an extrajudicial auction due to the non-payment of a real estate financing, secured by alienação fiduciária (fiduciary transfer of title) of the property.

The debtors, however, when attempting to pay the full outstanding debt, faced resistance from the third-party collection company hired by the bank, which refused to accept only the outstanding amount, claiming that, at that moment, only full payment of the entire outstanding balance would be possible.

The firm initially obtained an injunction to suspend the entire collection procedure, and the accumulated amount due, as well as the installments falling due during the proceedings, began to be deposited within the case itself.

After discussion across all instances, and review by the STJ (Superior Court of Justice), it was definitively decided that the bank had erred, annulling the entire collection process and ensuring that the clients retained possession of the property and continued the regular payment of the installments due.

Reference case: 1013450-17.2023.8.26.0477