backThe Superior Court of Justice (STJ) discussed the possibility of seizing properties financed through fiduciary alienation to settle condominium debts. The hearing focused on the disagreement between the Court’s Fourth and Third Chambers. Minister Antonio Carlos Ferreira, the rapporteur of the case (REsp 1.877.518/SP), emphasized the importance of resolving the issue, which involves safeguarding fiduciary credit and ensuring the sustainability of condominiums. While the Third Chamber rejected the possibility of such seizures, the Fourth Chamber admitted it, considering the nature of condominium debts.
Representatives from various entities, such as Febraban and Anacon, attended the event and presented arguments for and against changing the case law. Some argued that allowing the seizure of properties would help combat condominium delinquency, while others, like the Federal Savings Bank (Caixa Econômica Federal), warned that the change could harm mortgage credit, especially for low-income populations. The hearing aimed to balance the parties’ interests with proposals seeking to ensure the sustainability of condominiums and the real estate market’s stability.
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