If you have any doubts or legal advice, it is best to go to a lawyer who advises us before taking the step,
but there comes a time when his presence is indispensable. In many cases it is not mandatory, but without the assistance of an attorney mistakes can be made for ignorance of the law that can then be expensive.
In a civil case whose amount does not exceed few hundred dollars that can be dispensed with the lawyer and the prosecutor in verbal and court proceedings.
Nor is it indispensable if only urgent measures are to be requested prior to the trial, although whenever the lawyer is used, it must be reported to the court.
In the labor process is not necessary the presence of a lawyer if it is in the first instance in the social court.
In a criminal proceeding, a lawyer must be present, except in the case of misdemeanor offenses.
If it is a contentious-administrative process, it is also possible to dispense with the lawyer if it is in the first instance, although, as in previous cases, if you go to the High Court or the National Court, you will have to have your services.
In any case, remember that you can apply for a lawyer at your local Bar Association if you meet the requirements established by law to host such service.
The dream of having a home in property has led many families to have to endorse with one of their properties the purchase of a floor with mortgage on the part of their children or grandchildren. This, in addition to posing a risk for those relatives who decide to endorse , may also place a burden on other family members if they die before the end of the term, usually the life of the mortgage.
Before applying as a guarantor the house of parents or grandparents, normally already paid, we must ask ourselves this question What happens if the guarantor of the mortgage passes away? The deceased the guarantor ends the guarantee?
It should be clarified that there are mainly two forms of endorsement : personal guarantee or endorsing with a property owned by the guarantor as a mortgage guarantee.
In both cases, even if the guarantor dies, the guaranty remains valid unless the contrary is expressly stipulated in the document in which the guarantor is constituted. If the heirs accept the inheritance the guarantee will extend to all of them , with their present and future assets.
The Civil Code, in article 1,847 establishes that the obligation of the guarantor is extinguished at the same time as that of the debtor, and for the same reasons as the other obligations. Article 1,156 of the aforementioned Civil Code states that “Obligations are extinguished: for payment or fulfillment, for loss of the due thing, for the forgiveness of the debt, for the confusion of the rights of creditor and debtor, for the compensation , And for novation . ”
From the above, it follows that if the mortgage was not canceled before the death of the guarantor, after the death, the assets and debts would be inherited and among them a house that serves as collateral in a mortgage, that is, the responsibility of the guarantor passes To all his heirs.
In this situation the heirs have three options:
The latter option, accepting the inheritance for the benefit of inventory , is most advisable if we inherit a home that serves as mortgage guarantee, because if the bank executes the guarantee for non-payment of the mortgage , only the inherited property will be answered.