EXTRAJUDICIAL FORECLOSURE OF REAL ESTATE FIDUCIARY PROPERTY: REGISTRY OFFICE PROCEDURE AND DEBTOR PROTECTIONS UNDER LAW NO. 14.711/2023

Abstract

This article aims to analyze the extrajudicial process of fiduciary alienation of real estate, the major innovations introduced by the Legal Framework for Guarantees (Law No. 14.711/2023), and the mechanisms designed to protect the rights and guarantees of the fiduciary debtor. In this context, the role of the Real Estate Registrar during the enforcement stages of the process is discussed, including debtor notification, the cure period for default, the consolidation of fiduciary ownership in the creditor's name, and the public auction process. Debtor protection mechanisms—such as personal notification, the right of first refusal, and administrative due process—are examined. Finally, the procedure is analyzed in light of the Supreme Federal Court’s binding ruling on General Repercussion Theme 982, which upheld the constitutionality of extrajudicial fiduciary enforcement.