With the emergence of the Internet and the amount of information available, it always occurs to us to look for simple solutions to our big problems.
Solutions to the great problem of evictions of the type "if I rent my house to a relative and I don't pay the bank, they can't evict me" has been appearing on the net for some time . The end of the Spanish picaresque: seek solutions, such as deceptions, to solve big problems.
Specifically, the problem of an evicted person is not solved by providing a rental contract , it is simply an urban legend that circulates on the network. We will briefly explain from the legal point of view the legal consequences of a fictitious rental.
We have by habit and by education do not read the contracts, or the fine print , or contact people to advise us on issues in which we do not know. This custom will bring us quite a few problems throughout our existence. As a general rule, when a financial institution grants a mortgage, it blocks a lease contract by the owner and owner of the home. As a rule, said house has the consent of the financial institution to be able to rent said house to a third party (check your mortgage contract to verify this condition).
Therefore, if we rent without notifying the financial entity, we already have the first mortgage breach and the first legal mess, since the rental contract would be declared void.
But to make matters worse, and also related to the rental contract, is that we are committing an act of fraud in the simulated businesses reflected in the Civil Code in its article 6.4. : " The acts carried out under the protection of the text of a norm that pursue a result prohibited by the legal system, or contrary to it, will be considered carried out in fraud of law and will not prevent the due application of the norm that has been tried to evade. "
Determining that a 50 or 100 year lease to a relative is a simulated business, knowing that lease contracts have a maximum duration of 5 years, it is logical for anyone. On the other hand, we have the income factor, an indicative part that is also a simulated contract and a fictitious legal business to be annulled by any self-respecting judge. In addition, an act of these dimensions, which seeks to hinder an embargo with an open judicial process, has criminal consequences, as established in article 257 of the Criminal Code, within the uprising of assets:
“He will be punished with prison terms of one to four years and a fine of twelve to twenty-four months: • He who rises with his assets to the detriment of his creditors. • Whoever, for the same purpose, performs any act of asset disposition or generator of obligations that delays, hinders or prevents the effectiveness of a seizure or an executive or enforcement, judicial, extrajudicial or administrative procedure, initiated or foreseeable initiation. "
Therefore, and consequently to what has been stated in previous paragraphs, we recommend in the face of such a traumatic process, to look for logical and legal solutions . Avoiding the suspension of an eviction due to these tricks would be completely null, in addition to being able to aggravate our situation with the increase in costs and legal claims.
The negotiation with the entity, the dation in payment if possible and the cooperation between the parties avoids in many cases more dramatic situations than the picaresque action . We know that the situation in eviction is horrible, but we can only advise that you ignore these hoaxes that are broadcast on the network , contacting advisors or lawyers specialized in the matter is the most interesting option for our interests.
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