Property foreclosure defence in São Paulo, Brazil
Under a Brazilian fiduciary lien the property does not go to auction by court order: the procedure runs at the registry, and every stage has a short deadline. The sooner you come, the more routes remain.
5,0 · 18 Google reviewsWhat decides everything is when you seek help. Once the property registrar serves notice, there are 15 days to cure the default and the contract is reinstated (art. 26, Law 9,514/1997). After that period without payment, ownership consolidates in the creditor’s name — and from then on what remains is the right of first refusal, not the cure. One week changes the course of the case.
Where you are in the process.
- In arrears, not yet servedThe best moment: direct renegotiation with the bank, before any registry step starts.
- Notice receivedThe 15-day clock has started. We calculate the exact cure amount and act within the deadline.
- Ownership already consolidatedThe cure is no longer available, but a right of first refusal runs until the second auction. That window is real.
- Auction scheduledWe check deadlines, the notice of sale, the reserve price and the regularity of the procedure.
- Property already soldArguments on procedural defects, the surplus owed to you, and defence in the repossession claim.
- Debt figure open to challengeCharges, fees, insurance and capitalisation feed the cure amount. Reviewing it sometimes makes payment possible.
- Buying at auctionFrom the other side: risk analysis of the notice, the record and possession before bidding.
The deadlines almost nobody learns in time.
Enforcement is out of court: the registrar serves the debtor to pay within 15 days, covering overdue instalments, interest, charges, taxes and collection costs (art. 26). Cure the default and the contract is reinstated. Fail to, and the registrar records the consolidation of ownership in the creditor’s name. At that moment the property stops being yours.
From consolidation, the creditor has 60 days to hold the first auction — a period extended by Law 14,711/2023, previously 30. At the first auction the reserve is the property value set in the contract; if there is no sale, the second follows within 15 days, accepting a bid that covers the debt and costs or, failing that, at least half the appraised value.
And here is the window most people miss: between the recording of consolidation and the second auction, the debtor has a right of first refusal to buy the property back for the debt and charges (art. 27, §2-B). In February 2026 Brazil’s Superior Court of Justice settled this in Theme 1288 (REsp 2,126,726): after Law 13,465/2017, once ownership consolidates without cure, it is that right of first refusal that remains — not the cure.
How we run the case.
- Reading the contract and the noticeDate of service, amount demanded and regularity of the act: this defines how much time is left.
- Checking the debt figureCharges, fees, insurance and how interest was capitalised. Reviewing the sum sometimes makes payment possible.
- Negotiating with the creditorCure in instalments, additional security or an assisted sale with discharge — routes that avoid the auction.
- Court action, where warrantedA defect in service, in the amount demanded or in the auction justifies proceedings, including urgent relief.
- Refusal right, surplus and possessionExercising the right of first refusal, claiming the surplus and defending repossession.
What to bring to the first conversation.
Documents that speed up the review
If you have been served, bring the notice first and do not wait to gather the rest — its date is what determines the time you have left.
- The notice received from the registry
- Financing agreement with the fiduciary lien
- Up-to-date statement of the debt
- Proof of instalments paid
- Up-to-date property record
- Notice of sale, if already published
- Correspondence exchanged with the bank
- Proof that you live in the property
Urgent review at no cost, with no obligation. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleReal client reviews published on Google.
Who leads this area.
Partner in charge of real estate and probate matters (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas). Notário Luiz Gama Medal (Santo André City Council). Fluent in English.
Meet Letícia MarquesCommon questions.
How many missed instalments before the property goes to auction?
There is no fixed number in the statute, but a procedure: once in default, the debtor is served by the property registrar to pay within 15 days (art. 26, Law 9,514/1997). The contract may set a grace period and, if silent, it is 15 days. Banks tend to start after a few months of arrears, but the milestone that matters is service.
I have been served by the registry. What happens now?
You have 15 days to cure the default, paying overdue instalments, interest, charges, taxes and collection costs. Paid in time, the contract is reinstated. Unpaid, the registrar records consolidation of ownership in the creditor’s name, and the property legally ceases to be yours.
Ownership has consolidated. Can I still pay and keep the property?
The cure is no longer available, but a right of first refusal remains: between the recording of consolidation and the second auction you may buy the property back for the debt and charges (art. 27, §2-B). In February 2026 the Superior Court of Justice confirmed this in Theme 1288, deciding REsp 2,126,726. The window is short and worth acting on immediately.
How long do I have after consolidation?
The creditor has 60 days from registration of the consolidation to hold the first auction — a period extended by Law 14,711/2023, previously 30 days. If there is no sale, the second auction follows within 15 days. The right of first refusal is exercised inside that window.
If the property sells for less than the debt, do I still owe the balance?
It depends on the type of contract. For financing to acquire or build the debtor’s own residential property, Law 14,711/2023 provided that the debt is extinguished where the second auction does not reach the minimum (art. 26-A, §4). Outside that, art. 27, §5-A keeps the debtor liable for the remaining balance. Establishing which applies to your contract is part of the review.
And if it sells for more than the debt?
The surplus is yours. Art. 27, §4 requires the creditor to hand it over within five days of the sale, after deducting the debt, costs and charges. That reconciliation often comes out wrong or does not come at all.
What does it cost, and do you act outside São Paulo?
Reviewing the notice and the contract is free, precisely because the deadline is short. From there, fees are agreed in writing according to the step needed — negotiation, court action or defence in repossession. We act across Brazil, instructing local agents under our supervision.
Have you already been served by the registry?
If you have, send us the date today — it defines how much time is left. We run the review at no cost and tell you which route is still open.