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). Without payment, consolidation requires the legal formalities. For residential financing under art. 26-A, except consórcio, recording follows a further 30-day period and cure remains possible until recording. After consolidation under the current regime, 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 and those due before payment, interest, charges, taxes, condominium contributions and collection and notice 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 after the legal formalities. For financing to acquire or build the debtor’s residence, except consórcio, art. 26-A requires a further 30 days after the initial period and allows cure until recording.
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 considers the updated contractual value and, if higher, the consolidation ITBI tax base; if there is no sale, the second follows within 15 days, under the general regime, with a bid covering the debt and lawful charges or, failing that, a bid of at least half the valuation at the creditor’s discretion. This half-value option does not apply to residential financing under art. 26-A, which has its own minimum.
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 full debt, lawful charges, enforcement costs, consolidation ITBI and any applicable laudêmio, plus taxes and costs of the new acquisition (art. 27, §2-B). On 10 December 2025 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. Completed consolidation and cure acts protected under the law before Law 13,465/2017 remain distinguished; the contract date alone does not determine the regime.
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 creditorA payment agreement, additional security or an assisted sale with discharge — options requiring creditor agreement, not an automatic right to cure in instalments.
- Court action, where warrantedA legally relevant defect may support proceedings and urgent relief. Filing alone does not suspend the auction; the relevant court order or statutory effect is required.
- 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
Review of the case, with our proposal presented in writing. 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. That grace period precedes service and is separate from the payment period after notice; do not wait for an assumed number of missed instalments.
I have been served by the registry. What happens now?
The notice gives 15 days to pay overdue instalments and those falling due before payment, with lawful charges. Consolidation is not automatic on day 16. For financing to acquire or build the debtor’s residential property, except consórcio arrangements, art. 26-A provides for recording 30 days after that initial period and permits cure until recording. The applicable regime and registry progress must be checked.
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 full debt, lawful charges, enforcement costs, consolidation ITBI and any applicable laudêmio, plus taxes and costs of the new acquisition (art. 27, §2-B). On 10 December 2025 the Superior Court of Justice confirmed this in Theme 1288, deciding REsp 2,126,726. Theme 1288 preserves completed consolidation and cure acts protected under the pre-2017 law; the contract date alone does not determine the regime. Prompt review is important.
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 preferential acquisition right runs until the second auction date, but 60 days is an outer limit for the creditor, not a guaranteed waiting period. Multiple-property security may require the special rules in art. 27-A.
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, except consórcio arrangements, 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. Where the creditor obtains free disposal after a second auction without a qualifying bid, art. 27, §6-A requires deduction of the statutory minimum when calculating the balance. The law’s temporal application must also be checked.
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. The account must be checked; the surplus includes the statutory compensation for improvements.
What does it cost, and do you act outside São Paulo?
Reviewing the notice and the contract comes first, 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 of service — it defines how much time is left. We review the case and tell you which route is still open.