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Real Estate News New edition of “Take care of your property”: Buenos Aires notaries will provide free advice on how to protect your home - Infobae

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New edition of “Take care of your property”: Buenos Aires notaries will provide free advice on how to protect your home - Infobae
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October 31, 2024


It is organized by the College of Notaries of Buenos Aires. Its objective is to expand access to notarial information on sales, inheritances, donations and the protection of citizens' property. When and where it takes place



By Jose Luis Cieri





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The campaign aims to offer legal protection for homeowners to protect their homes from foreclosures and ensure the stability of their home (Photo: Pexels)

Once again, as every year, the notaries of Buenos Aires will offer, in a special day, free advice to all people who have questions about notarial matters with the aim of helping them take care of their respective homes. This is an initiative that the College of Notaries of the city of Buenos Aires has been organizing for many years and is called “Take care of what is yours” .



This time, the event will be held on Saturday, November 9, from 10 a.m. to 1 p.m., at the La Rural de Palermo premises, located at Juncal 4431, almost on the corner of Oro. In addition to offering free advice on notarial matters, those interested will be able to carry out the procedure for being assigned to the housing protection regime at no cost.

This event coincides with the Federal Conference on Community Notarial Advice , coordinated by the Argentine Federal Council of Notaries .



Since its inception in 2010, the campaign has been recognized by the Legislature of the Autonomous City of Buenos Aires as being of social interest. Its objective is to expand access to legal-notarial information for the preventive care of citizens' properties.

During these meetings, notaries answer questions about sales, donations, inheritances, advance health directives, authorizations, scope of powers, certifications, and co-ownership regulations, among other topics.



The president of the College of Notaries of Buenos Aires, Jorge De Bártolo , highlighted to Infobae the importance of “Cuidá lo Tuyo” in the protection of family homes and its role in ensuring the tranquility of the owners. “Being close to the community is a commitment that we have always had and carrying out the protection of the family home is a fundamental fact to ensure the roof and give one more instance of security to society,” he affirmed.

What is the “Family Property”

The procedure for Assignment to the Housing Protection Regime, previously known as “family property”, protects the property from seizures after it has been assigned to it.

Beatriz Álvarez , secretary of the College of Notaries of Buenos Aires, emphasized the importance of this legal “insurance” that is offered free of charge during the event. She explained: “At the College of Notaries we hold special events within the framework of our campaign and there it can also be done for free.”



Since 2015, with the new Civil and Commercial Code of the Nation, “Family Property” is called Affectation to the Housing Protection Regime


Housing protection prevents the property from being judicially executed for debts arising after its registration, provided that it is the actual home of one of the beneficiaries of the protection, that it is not a debt directly linked to the property (such as expenses) and that the cause of these debts is subsequent to the affectation.





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The initiative is in line with a sustained commitment to offer legal security to the community, adapting to current housing demands.

When the property is affected by this regime, it is only protected from subsequent debts, except in specific cases such as obligations for expenses, rates or contributions that encumber the property, mortgage loans, debts for home improvements and debt for food.

Scenery

This year, the initiative coincides with the relaunch of mortgage loans, which are gradually gaining ground: of the 5,157 sales transactions recorded in September, more than 700 were carried out with these new loans reintroduced since the end of April, increasing interest in enquiries about the mortgage granting process.

More than 30 neighborhoods , such as Mataderos, La Boca, Villa del Parque, Flores, Caballito, Villa Devoto, Villa Urquiza and Barracas, were visited in this campaign, providing advice in clubs, libraries, schools and community associations.

“These meetings answer questions about sales, donations, inheritances, advance health directives, authorizations, powers of attorney, certifications, self-protection acts, co-ownership regulations and more,” explained De Bártolo.

Prevent future problems

The main objective of “Cuidá lo Tuyo” is to establish the idea that timely notarial consultation can prevent long-term conflicts.

Examples of prevention include donating a property to leave the estate in order or drafting an advance health directive. “This initiative is like a half marathon for notaries; it is key to protecting homes in Buenos Aires,” explained De Bártolo.





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It is vitally important to consult a notary and protect the home from all types of risks (Illustrative Image Infobae)

Álvarez stressed that this free “insurance” is offered during the event, but can also be obtained free of charge at the Real Estate Registry or during special sessions of the Notaries Association.

Conditions and exceptions

This regime only covers debts that occur after the affectation, with some legal exceptions:



  • Expenses, fees or contributions that tax the property.
  • Mortgage loans.
  • Debts for home improvements.
  • Child support debts owed by the holder to his or her children.


Álvarez clarified that the property can have protection and a mortgage at the same time; “However, in the event of non-payment of the mortgage loan, the property will not be exempt from seizure or judicial execution,” he added.

Special cases and costs outside of working hours

The same criteria applies to houses on adjoining lots. De Bártolo added: “In addition, undivided parts of functional units used as garages or storage rooms may be affected, provided they are in the same building.”

Apart from the event on November 9, notarial procedures such as the allocation to the housing protection regime have a reduced cost when carried out through a notary's office. According to the Civil Code, fees cannot exceed 1% of the property's fiscal value, adding a minimum fee of approximately $136,000 plus VAT, and approximately $17,210 in additional expenses.

It is possible to affect the entire property or only part of its value; complementary units, such as garages and storage rooms, can be included in the protection if they are in the same building.


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