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viernes, 19 de octubre de 2007

LA CARTA DE RESGUARDO


LA CARTA DE RESGUARDO:

Si usted vende una propiedad raíz, ejemplo una casa, y tiene una Hipoteca sobre dicho inmueble (garantía constituida a favor de una institución financiera distinta de la que opera con el comprador de la propiedad), la institución financiera del comprador deberá otorgar al banco del vendedor una Carta de Resguardo.

Este documento consiste en una obligación legal y escrita que asume el banco que otorga el crédito al comprador de pagar el total de la deuda o el remanente, que mantiene el vendedor del inmueble con su institución financiera.

Es un mandato irrevocable, que las partes compradora y vendedora le otorgan al banco acreedor para que con el producto del crédito, o parte de el, se pague la deuda.

Esta carta se hace exigible una vez inscrita la propiedad en el Conservador de Bienes Raíces respectivo, a nombre del comprador, e hipotecando el inmueble a favor de la institución financiera que le hace el préstamo.

Fuente: Juan Carlos Valdivia, Corredor de propiedades - Abogado.
Fotografía: SAENZ Propiedades - Santiago/Zapallar/Cachagua.
Esquematizado por Francisco.

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