The 1st Federal Court of Coxim/MS granted an injunction to suspend the extrajudicial auction of a property whose ownership had been improperly consolidated in the name of Caixa Econômica Federal.

The decision, issued by Federal Judge Franscielle Martins Gomes Medeiros, emphasized that payment had been made to cure the default, yet Caixa proceeded with the consolidation of ownership improperly, violating the principle of good faith.

Case Overview:

The lawsuit was filed seeking to annul the property consolidation procedure executed in favor of the financial institution.

After being notified, the plaintiffs sought to regularize their debts and, according to the case records, paid the overdue installments on August 9, 2024, via a payment slip issued by Caixa itself.

Despite the payment, the institution sent a notice to the land registry office on August 14, 2024, stating that the default had not been cured. Based on this information, the registry office issued a certificate and proceeded with the consolidation of ownership in favor of Caixa, leading to the inclusion of the property in the auction notice.

Violation of the Principle of Good Faith:

According to the judge, Caixa’s conduct violated the principle of objective good faith. By informing the registry that the debt had not been settled, contrary to its own records, the institution misled the registry, resulting in the improper consolidation of ownership.

When reviewing the request for provisional relief, the judge considered the requirements under Article 300 of the Brazilian Civil Procedure Code: likelihood of the alleged right and risk of harm or to the useful outcome of the process.

The judge emphasized that the plaintiff had proven payment of the overdue installments and that, therefore, the consolidation of ownership should not have occurred. She also highlighted the imminent risk of the property being auctioned and acquired by third parties in good faith, which could make reversing the situation difficult or impossible.

Thus, the court ordered the suspension of any auction procedures related to the property, including any effects already produced, ensuring that the plaintiffs remain in possession of the asset, under penalty of fines and other legal sanctions in the event of non-compliance.

Our technical team is available for any clarifications.

Sincerely,

GRANITO BONELI ADVOGADOS

Access Link: https://www.migalhas.com.br/quentes/429468/jf-suspende-leilao-de-imovel-consolidado-indevidamente-pela-caixa