trying to sell...frustrated

[Alexorlando]

My sisters and I own an apartment in Sao Paulo, Brasil where my mother has been living for years. We recently put it for sale and found a buyer since my mother is planning on moving to the states. On the direction of the Miami Brasilian consulate we gave my mother a full power of attorney signed off by the consulate to sell the property.

We quickly found a buyer and my mother used her power of attorney to go through the motions of verifying that there were no leans on the property. All went as expected until the buyer's finance company all of a sudden started to make what i call unjustified demands from my mother. They are claiming my mothers CPF is not enough and are asking us to provide individual CPF's along with Brazilian residency cards instead of the power of attorney we obtained trough the consulate. They are claiming they need to do a background check on us to make sure we don't have judgments?!?

My question is....wouldn't any judgment be placed on the title of the property instead of the individual? In other words, if the title came up clear while using my mothers CPF during the search shouldn't it be sufficient to prove the property is clear? They are even going as far as asking for my deceased grandmothers CPF!!!! She's not even on the deed.

Either way, the three of us have lived in the United States for over 40 years. We do not have resident cards, CPF's etc. Isn't the complete power of attorney recognized by the Brazilian consulate up here enough to complete the sale?

Any advice would be greatly appreciated!

 

[Dotty]

My sisters and I own an apartment in Sao Paulo, Brasil where my mother has been living for years. We recently put it for sale and found a buyer since my mother is planning on moving to the states. On the direction of the Miami Brasilian consulate we gave my mother a full power of attorney signed off by the consulate to sell the property.

We quickly found a buyer and my mother used her power of attorney to go through the motions of verifying that there were no leans on the property. All went as expected until the buyer's finance company all of a sudden started to make what i call unjustified demands from my mother. They are claiming my mothers CPF is not enough and are asking us to provide individual CPF's along with Brazilian residency cards instead of the power of attorney we obtained trough the consulate. They are claiming they need to do a background check on us to make sure we don't have judgments?!?

My question is....wouldn't any judgment be placed on the title of the property instead of the individual? In other words, if the title came up clear while using my mothers CPF during the search shouldn't it be sufficient to prove the property is clear? They are even going as far as asking for my deceased grandmothers CPF!!!! She's not even on the deed.

Either way, the three of us have lived in the United States for over 40 years. We do not have resident cards, CPF's etc. Isn't the complete power of attorney recognized by the Brazilian consulate up here enough to complete the sale?

Any advice would be greatly appreciated!

Hi Alex,

Unfortunately , as you are the owners who's names are on the deed you will find this to be normal procedure in Brasil when you sell,even though you do not live in Brasil.It is to clarify that no unpaid debts are owed by yourself and sisters in Brasil at the address or personally,these can be car fines,IPTU ,credit card unpaid payments etc.
You mention financial company,so I take it the buyers need to borrow money,well to borrow money the lender has to make sure that they are lending to people that can afford to pay back,but equally that the seller does not leave a trail of debts behind and would automatically need a CPF and RNE,RG to clarify that.

Regards D.

 

[robh]

My sisters and I own an apartment in Sao Paulo, Brasil where my mother has been living for years. We recently put it for sale and found a buyer since my mother is planning on moving to the states. On the direction of the Miami Brasilian consulate we gave my mother a full power of attorney signed off by the consulate to sell the property.

We quickly found a buyer and my mother used her power of attorney to go through the motions of verifying that there were no leans on the property. All went as expected until the buyer's finance company all of a sudden started to make what i call unjustified demands from my mother. They are claiming my mothers CPF is not enough and are asking us to provide individual CPF's along with Brazilian residency cards instead of the power of attorney we obtained trough the consulate. They are claiming they need to do a background check on us to make sure we don't have judgments?!?

My question is....wouldn't any judgment be placed on the title of the property instead of the individual? In other words, if the title came up clear while using my mothers CPF during the search shouldn't it be sufficient to prove the property is clear? They are even going as far as asking for my deceased grandmothers CPF!!!! She's not even on the deed.

Either way, the three of us have lived in the United States for over 40 years. We do not have resident cards, CPF's etc. Isn't the complete power of attorney recognized by the Brazilian consulate up here enough to complete the sale?

Any advice would be greatly appreciated!

The power of Attorney you have given your mother is only to sell the property, i.e. sign the contracts, etc, the buyers still need to check the owners of the property out, which unless you transfer the property to your mother is you and your sisters.

I would suggest you get the services of a Brazilian lawyer to help you out with this, also the fact that you are the owners and don't have CPF's means that the title deed might need to be updated as well.

Regards,
Rob.

 

[Alexorlando]

Hi Alex,

Unfortunately , as you are the owners who's names are on the deed you will find this to be normal procedure in Brasil when you sell,even though you do not live in Brasil.It is to clarify that no unpaid debts are owed by yourself and sisters in Brasil at the address or personally,these can be car fines,IPTU ,credit card unpaid payments etc.
You mention financial company,so I take it the buyers need to borrow money,well to borrow money the lender has to make sure that they are lending to people that can afford to pay back,but equally that the seller does not leave a trail of debts behind and would automatically need a CPF and RNE,RG to clarify that.

Regards D.

ughh....so I have to go out and get a new Brasilian social security number to prove there are no judgements against us. Seems very backwards to me as you would think nothing can be posted against a new social security number. I would think judgements are placed against the deed or title. Do you have any idea how long it takes to obtain a new CPF?

Thanks so much for the quick reply!!!

 

[robh]

ughh....so I have to go out and get a new Brasilian social security number to prove there are no judgements against us. Seems very backwards to me as you would think nothing can be posted against a new social security number. I would think judgements are placed against the deed or title. Do you have any idea how long it takes to obtain a new CPF?

Thanks so much for the quick reply!!!

Alex,

You really should talk to a lawyer because you may not need a CPF.

Rob.

 

[Alexorlando]

My mother just wrote back....she spoke to an attorney and he seems to think they are indeed asking for too much. She has a follow-up appointment tomorrow so i will know more.

Thanks Rob!