New Law Allows Losing House, Car, And Motorcycle For Debt Directly At The Notary Office, Without Judicial Process; STJ Already Recognizes Validity Of The Procedure

Written by Bruno Teles

Published on 01/09/2025 at 15:59

Mudança legal validada pelo STJ acelera retomada de bens em dívidas com garantia real; risco aumenta para financiamentos e contratos com hipoteca.

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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.

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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.

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Fran

#170786

08/09/2025 17:43

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.

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Shu

#170421

08/09/2025 00:01

Está certo, deve tem que pagar,ninguém tem que dar um imóvel, ou carro pra ninguém, comprou,pagou,ponto.

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Abel Sanches Vieira abelsanches@hotmail.com

#170415

07/09/2025 23:49

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.

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New Law Allows Losing House, Car, And Motorcycle For Debt Directly At The Notary Office, Without Judicial Process; STJ Already Recognizes Validity Of The Procedure

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.

How the New Procedure Works

Which Debts Can Lead to Asset Loss

Impact on Consumers and the Market

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New Law Allows Losing House, Car, And Motorcycle For Debt Directly At The Notary Office, Without Judicial Process; STJ Already Recognizes Validity Of The Procedure

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.

How the New Procedure Works

Which Debts Can Lead to Asset Loss

Impact on Consumers and the Market

Gaddafi built the world’s largest artificial river under the Sahara — it’s 4,000 km of giant pipes that pump 40,000-year-old fossil water to entire cities in Libya.

Discovery in Africa scares even scientists: a study published on April 23 reveals that the crust in Turkana has become so thin that it could pave the way for the continent’s division and the emergence of an ocean in the future, in a gigantic geological transformation.

Austria inaugurates Europe’s first high-speed railway outside China — trains travel at 250 km/h through 33 km tunnels in the Alps that took 27 years to drill

An unmanned Russian ship has been drifting in the Mediterranean for 57 days with 60,000 tons of gas — the second towing attempt has just failed.

2 scientists analyzed in a new study whether the construction of a mega dam in the Bering Strait could be the last barrier against climate collapse, to protect one of the world’s most important ocean currents.

An MIT startup is betting on superhot geothermal in Oregon and building the world’s first plant of its kind, targeting rocks above 300°C to generate 50 MW by 2030 and expand the project to 250 MW with few wells.

End of the 6×1 work schedule could expand women’s access to the labor market, says minister, linking a shorter workweek, two days of rest, and combating the overburdening of women to greater dignity and equal pay in the country.

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