If ever you are interested in buying a house, I recommend that one of the things you do is to ask for registrar verification of the housing in the appropriate Land Registry (usually known as “Nota Simple”).
This document will give you brief information of the most important aspects of the property you are thinking of buying (for example, your exact location-care registry that sometimes tends to be differences because the number of the street changes over time, “the boundaries of it-important in case of houses, etc. .- if they have fiscal conditions, mortgage charges, etc.).
One of the details that I advise you to look always is whether the property in particular the restrictions of Article 28 of the Mortgage Law, revised text as the Decree of 8 February 1946 (hereinafter referred to as LH).
This article establishes the legal conditions precedent for registration by way of inheritance forced heirs (brothers, nephews, etc).
Through this condition, the acquisition of property by a third party (in this case, you, the buyers) will have no effect against third parties during the two years following the date of death of the deceased. In other words, until they have passed the two years studied, the sale and, therefore, the mortgage is established, may be affected during that period the Crown appears to show that it is better right than the current owner / a.
However, without prejudice to the foregoing, it is a legal requirement and is usual in cases of inheritance by heirs are not forced-brothers, nephews, etc .-. However, this operation carries a risk that must be evaluated, possible emergence of a third.
Although in strict legal terms, an apartment together is found with this condition may be mortgaged, in practice, banks are reluctant to mortgage a home that meets such limitations, exceptions being where they are allowed to continue with the operation.
If you encounter this problem, one of the options that you can take (the first being to speak with your counsel and your bank) to evaluate the possibility of negotiating with the seller to leave any amount pledged which will be released after expiry of the two years, people retain the sale price, etc. .- will safeguard to that in the event of this risk, do not see you checked out (think that the sale could be resolved).
On the other hand, if you offer the bank additional collateral (pledge / condition of a certain amount of money for the duration of the condition subsequent, joint surety for the duration of the condition, etc.) can accept to continue operation posed.
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Posted in Real estate listings | 
Tags: Buying a house, Fiscal conditions, Land registry, Legal expert, Mortgage law
