It is known that, in practice, people’s indebtedness capacity not only depends on the real estate assets they have but to a large extent that it is not taxed; in other words, subject to measures that, in the event of non-compliance with the payment of its obligations, the risk of loss of said assets is generated.
The paradox is that, in order to qualify for a mortgage loan with a bank, in order to guarantee the debtor’s obligation, the property owned by him must be taxed: it is a requirement for that at that moment that said property not be previously taxed.
In this sense, banks require as a prerequisite for the purposes of qualifying and granting a credit, which is accredited by registry certifications such as a Real Estate Registry Certificate (CRI) or Liens, that the property subject to guarantee is real, is say free of charges and encumbrances. On many occasions, said requirement cannot be satisfied because a Precautionary Measure or Mortgage is formally in force, which although they are not very feasible to be carried out because the judicial or coercive processes that originated them -in case of embargoes- have fallen into disrepair or being resolved adversely to the plaintiff, their cancellations were not ordered – it is cumbersome and sometimes even impossible to resume the said process in order to cancel them.
What Is The Difference Between A Charge And A Lien On A Property?
Property has the quality of the real estate as proposed by the spotless agency, when there is no burden or lien on it; that is to say, that on the property there is no concurrence with the owner of the property right, other owners with real rights of guarantee or of enjoyment on another’s property (for example a creditor with a mortgage in their favor); or that legal, procedural or administrative situations are not publicized on the property, which in the first case subjects it to a possible forced sale or in the second publicizes restrictions referring to de facto situations on the property.
In a situation like this, it is necessary to establish the difference between a charge and a tax; for the confusion between one and the other is common, much more so when the former is labeled as the genus and the latter as the species. Put simply, if the charge does not end in a judicial auction, it will only be a charge; If the charge in a judicial auction, it will be alien.