Contestaţie la notificarea de dare în plată - calitatea de consumator; obligaţii ale garantului ipotecar

Appeal against the notification of the transfer in lieu of payment - capacity as consumer; obligations of the mortgage guarantor

Abstract

Notification of transfer in lieu of payment of the mortgaged real estate, according to Article 5 paragraph 1 of Law no. 77/2016, if the loan was guaranteed by establishing a mortgage on a real estate belonging to a person other than the borrower, must not be formulated by the mortgage guarantor.

The mortgage guarantor is not a consumer and the mortgage agreement does not fall under Law No 193/2000, therefore the analysis of the conditions for hardship is not possible in this respect.

Article 5 paragraph 1 of Law no. 77/2016 provides that, in order to apply this law, the consumer sends to the creditor, through a judicial executor, a lawyer or a notary public, a notification informing him that he has decided to transfer the ownership of the property in...