Portuguese 
English 
Spanish 
3 min of reading 
62 comments 
With the legal change validated by the STJ, it is now possible to lose a house, car, or motorcycle for debts secured by a mortgage or fiduciary alienation in an extrajudicial process at the notary, without the need for a judicial action.
The new law regulating extrajudicial executions in Brazil has changed the way creditors can recover assets in case of default. As explained by lawyer Ricardo Reis, it is now possible to lose a house, car, or motorcycle for debt directly at the notary, without the need for a judicial process. The Superior Court of Justice (STJ) already recognizes the validity of the procedure, which has immediate impacts for consumers and banks.
In practice, the Constitution guarantees that no one can lose their assets without a process, but the law does not require that this process be necessarily judicial. This means that, in certain situations, the notary now has the power to mediate the execution and recovery of the asset, eliminating steps that were previously done in court.
How the New Procedure Works
Before the change, the creditor needed to call the judiciary to recover an asset, with a search and seizure order issued by a judge. Now, a notification at the notary is sufficient for the debtor to be notified. If the debt is not paid or regularized, the asset can be recovered in a reduced timeframe, similar to the protest of titles.
-
Brazilian city bets on the business environment to generate jobs and attract investments in the energy sector — secretary reveals strategy at Macaé Energy 2026.
-
50 viaducts, 4 tunnels, 28 bridges, and 40 kilometers of bike paths: BR-262 in Espírito Santo will receive 8.6 billion reais for the largest engineering project in the state’s history, inspired by the Immigrant Highway in São Paulo.
-
Brazil produces too much clean energy and doesn’t know what to do with it: over 20% of solar and wind capacity was wasted in 2025 while investors flee and 509 renewable generation projects were abandoned in the last year.
-
Piauí will produce a new fuel that replaces diesel without needing to change anything in the truck’s engine and reduces pollutant gas emissions by half: truck drivers from all over the Northeast are already celebrating the news that will arrive later this decade.
The procedure is mainly valid for debts with real guarantees:
- Mortgaged properties in loans or renegotiations;
- Financed cars and motorcycles with fiduciary alienation, where the asset belongs to the bank until paid off.
If the debtor cannot be located, the notification may be made by public notice, increasing the risk of losing the asset without immediate knowledge of the action. Therefore, experts warn: keeping data updated with the creditor and monitoring notary notifications is essential.
Which Debts Can Lead to Asset Loss
It is important to clarify that not all debts allow for the recovery of a house or vehicle. The situations in which this can occur remain specific:
- Non-payment of mortgage financing;
- Child support debt;
- Debts related to property tax or condominium;
- Property given as mortgage guarantee;
- When the debtor is a guarantor in a rental agreement.
The novelty lies in accelerating the execution of mortgage guarantees and financings with fiduciary alienation, without the need for judicial action.
Impact on Consumers and the Market
According to experts, the new model favors banks and financial institutions, reducing costs and time to recover assets. On the other hand, it generates insecurity for debtors who are unaware of the contractual details or who do not monitor extrajudicial notifications.
For Ricardo Reis, the measure is expected to increase pressure on those who are indebted, but it may also encourage greater responsibility in contracting. Ignoring a notary notification could mean the immediate loss of the asset, without the opportunity to discuss the case in court before the recovery.
And you, do you think this new law brings more efficiency or threatens the right of defense for debtors? Leave your opinion in the comments — we want to hear from those who have faced similar situations in practice.
Se um estelionatario fizer a compra de um carro em seu nome, um carro elétrico de 190 mil, em outro estado, três parcelas sem pagar… eles te encontram e… perdeu seu imóvel.
Está certo, deve tem que pagar,ninguém tem que dar um imóvel, ou carro pra ninguém, comprou,pagou,ponto.
Com certeza, essa resolução vai aliviar a fadiga entre credor e devedor.
De agora em diante cada um que tem financiamento e um compromisso por contrato irá pensar melhor antes de pensar em ser um inadimplente.