Best Mortgage Lawyers in Florida

About Mortgage Law in Florida, Argentina

In Argentina a mortgage - in Spanish, hipoteca - is a real right granted over immovable property to secure repayment of an obligation, most commonly a loan to purchase or refinance a home. Mortgage rules are governed primarily by the national Civil and Commercial Code and by supporting regulations, and the mortgage becomes effective against third parties only after formal constitution in a public deed before an escribano - a licensed notary - and registration in the local property registry. Many practical details - registration procedures, fees and administrative steps - are handled at the provincial level. Florida is a locality within the Greater Buenos Aires area, so residents will follow national rules together with the practices of the Buenos Aires provincial property registry and the local municipality.

Why You May Need a Lawyer

A lawyer with experience in real estate and mortgage law can protect your interests in many common situations. You may want to consult an attorney if you are buying property with a mortgage, refinancing, granting a mortgage on property you own, facing or trying to prevent foreclosure, negotiating contractual clauses - including currency-indexed or inflation-indexed loans - or dealing with title or encumbrance problems. A lawyer can also coordinate with an escribano to ensure the mortgage deed is correctly drafted, can perform a title search at the Registro de la Propiedad Inmueble, advise on tax and registration costs, and represent you in court if disputes arise.

Local Laws Overview

Key aspects of mortgage law relevant to someone in Florida, Argentina include the following:

- Formality and public deed requirement - A mortgage must be granted by public deed before an escribano. Private agreements are not sufficient to create an opposable real right.

- Registration - The mortgage must be registered in the provincial Registro de la Propiedad Inmueble to be effective against third parties. Priority among mortgages is determined by registration order.

- Accessory nature - The mortgage is accessory to the underlying debt. When the secured obligation is extinguished, the mortgage must be cancelled in the registry to clear the title.

- Foreclosure procedures - If the debtor defaults, the lender typically enforces the mortgage through judicial proceedings that may end in sale of the property. Judicial timelines, costs and procedural steps vary by jurisdiction and can be lengthy.

- Indexation and currency clauses - Loans in Argentina frequently include clauses tying principal and interest to inflation-indexed units such as UVA or to foreign currencies. These clauses have legal and practical implications - including exchange rate risk and consumer protection considerations.

- Consumer protections and contract review - Consumer protection laws and general contract rules under the Civil and Commercial Code apply to many mortgage agreements, particularly when the borrower is an individual. Courts have at times scrutinized indexation clauses or abusive terms.

- Provincial variations - Registration fees, documentary requirements and administrative practices are established at the provincial level. For Florida residents, the relevant provincial registry and municipal rules will apply.

Frequently Asked Questions

What exactly is a mortgage in Argentina?

A mortgage is a real guarantee over immovable property that secures the performance of an obligation, usually repayment of a loan. It gives the creditor a right to seek judicial enforcement and sale of the property if the debtor defaults, without transferring ownership to the creditor.

How is a mortgage created and made effective?

Creation requires a public deed signed before an escribano and subsequent registration in the provincial property registry. Only after registration is the mortgage opposable to third parties and given priority according to the registration order.

Do I need an escribano and a lawyer to take out or grant a mortgage?

Yes. An escribano prepares and certifies the public deed required to create the mortgage and often assists with the registration filing. A lawyer is advisable to review loan terms, protect legal rights, perform title and encumbrance searches, negotiate clauses and handle disputes or foreclosures.

What documents will I need to grant or remove a mortgage?

Typical documents include the property deed, identity documents (DNI for individuals), proof of ownership and payments of municipal and provincial taxes, the mortgage contract or loan agreement, and certificates of domain or encumbrances from the property registry. The escribano and a lawyer will provide a checklist tailored to your case.

Can a mortgage be indexed to inflation or denominated in US dollars?

Yes. Mortgages in Argentina often include indexation mechanisms such as UVA units or are denominated in foreign currency. These clauses affect payment amounts and currency risk. Their enforceability and treatment may be subject to consumer protection review and market regulations, so legal advice is important.

What happens if I default on a mortgage?

If you default the lender may initiate judicial enforcement proceedings to foreclose and sell the property to satisfy the debt. The process can be complex and take time. Borrowers should seek legal advice promptly to explore defenses, negotiate restructuring or seek alternative remedies such as mediation.

How long does mortgage enforcement or foreclosure usually take?

There is no fixed national timeline. Judicial foreclosure can be lengthy - often many months to years - depending on the court docket, procedural steps and whether there are disputes about the debt or property. Extrajudicial remedies are limited for real estate and generally the process requires court action.

How do I cancel a mortgage once I have paid the loan?

After paying the secured debt, you should obtain a written certificate or receipt from the creditor stating full payment. The creditor or you must then proceed with the formal cancellation of the mortgage before an escribano and request deregistration at the property registry so the lien is removed from title records.

What costs should I expect when taking or cancelling a mortgage?

Costs typically include notary and escribano fees, registration fees at the provincial property registry, taxes and stamp duties that apply to mortgage deeds, bank costs and legal fees if you use a lawyer. The exact amounts vary by province and by the value of the transaction.

How can I check if a property already has a mortgage or other encumbrances?

You can request an official extract or certificate of encumbrances and dominio from the provincial Registro de la Propiedad Inmueble. A lawyer or escribano can perform the title search and interpret the registry records to identify mortgages, liens, embargoes or other restrictions on the property.

Additional Resources

Useful institutions and organizations for mortgage-related matters in Argentina include:

- The Civil and Commercial Code - the national code that sets out general rules for real rights and contracts.

- Colegio de Escribanos - the local association of notaries who prepare and certify public deeds and register documents.

- Registro de la Propiedad Inmueble - the provincial property registry that keeps title and encumbrance records. Procedures and offices vary by province.

- Banco Central de la República Argentina - for information on currency rules, regulations affecting financial institutions and indexation mechanisms.

- National and provincial Consumer Protection agencies - for complaints or questions about potentially abusive contract terms.

- Local municipal offices - for municipal tax and land-use matters that may affect property transactions.

- Bar associations and local real estate law practitioners - for referrals to lawyers with experience in mortgages and property law.

Next Steps

If you need legal assistance with a mortgage in Florida, Argentina, consider the following plan:

- Gather documents - collect the property deed, tax receipts, identity documents, loan or mortgage contract and any relevant correspondence with the bank or creditor.

- Get a title search - ask an escribano or lawyer to obtain a current certificate of dominio and encumbrances from the provincial property registry.

- Consult a specialist lawyer - look for an attorney experienced in real estate and mortgage law in your province. Ask about experience with mortgage drafting, foreclosures and currency-indexed loans.

- Prepare questions - ask the lawyer about fees, expected timelines, options for negotiation or restructuring and the steps for registration or cancellation.

- Coordinate with an escribano - for any deed, registration or formal steps you will need a notary to draft and certify documents.

- Consider alternatives early - if you face default or financial difficulty, seek legal advice immediately to explore restructuring, mediation or other measures to avoid forced sale.

Disclaimer - This guide provides general information about mortgages in Argentina and is not legal advice. For advice specific to your circumstances, contact a qualified lawyer in your jurisdiction.