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Generally, the conclusion of the sale contract and the delivery of the loan take place simultaneously, so that at the time of the execution of the deed, the seller, the buyer and the bank's attorney-in-fact go to the notary, who will proceed to deliver the amount of the price to seller. Subsequently, through the registration in the property registry, the mortgage is constituted.

That mortgage loan contracts are generally adhesion contracts that include general conditions, some of which may be abusive. At this point, the provisions of the consumer and user protection legislation must be borne in mind, as well as the provisions of the law on real estate credit contracts, which requires the deposit of the model with the general clauses contained in our loan contract with Mortgage guarantee in the Registry of General Contracting Conditions prior to the commercialization of the loan by the bank.

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