Seguro de Escritura e Outros Documentos Que Não Podem Faltar Na Compra do Seu Imóvel Nos EUA

O processo de compra de imóveis nos Estados Unidos é bastante diferente do Brasil, isso já é de se esperar. Toda a jornada é diferente: desde a contratação do corretor até a assinatura de todos os documentos no cartório, ou Companhia de Títulos. Se deseja adquirir um imóvel na terra do Mickey, preste atenção nestes documentos.

HUD – CLOSING DISCLOSURE

O Closing Disclosure, usualmente chamado de HUD (Housing and Urban Development) é um documento que detalha todos os lançamentos financeiros de uma transação imobiliária. Nele são registrados todos os valores que Comprador e Vendedor devem pagar, tais quais:

  • o valor do imóvel,
  • impostos,
  • taxas,
  • despesas de advogados,
  • comissões;

e lançamentos a receber, como, por exemplo, créditos por rateio de Imposto de Propriedade (IPTU), benefícios acertados em contrato, e quaisquer outros valores referentes à transação, incluindo financiamentos.

Essencialmente, o Closing Disclosure é um balanço de tudo o que foi contratado entre as partes, de forma que nenhum valor deve ficar de fora, ou “por fora”.

Lien Search (ou Title Search)

O Lien Search é uma pesquisa, uma varredura, que se faz na escritura do imóvel para verificar se existe alguma pendência que impossibilite a venda, ou que haja alguma alienação proveniente de algum serviço ou imposto não pago, bem como financiamentos bancários.

Esta é uma das etapas mais importantes do processo pois garante ao comprador de que o imóvel que ele deseja adquirir não está em disputa judicial com o atual dono. Como exemplo, se o proprietário de uma casa contrata um encanador para fazer um reparo e o prestador de serviços não é pago, ele pode colocar um Lien, ou seja, uma restrição na propriedade, até que o contrato seja satisfeito.

Estas restrições ficam registradas na Prefeitura aonde está localizado o terreno e o advogado, ou companhia de títulos, responsável por fazer o Lien Search terá acesso a todas as eventuais pendências.

Caso algo seja encontrado, pode-se fazer o acerto durante o Closing, debitando o vendedor das pendências com o respectivo pagamento daqueles que devem receber. Caso um acordo não seja atingido, o comprador pode desistir do negócio.

Title Insurance

Uma outra segurança que o comprador de imóveis tem nos Estados Unidos é o Segura da Escritura, ou Title Insurance.

Basicamente, após efetuada a compra, e resolvida qualquer (eventual) pendência na escritura, o comprador pode (e deve) contratar um seguro para que, qualquer nova restrição que deseja adicionada após a compra, mas que seja anterior a ela, esteja segurada.

Desta forma, se, por exemplo, um herdeiro de um antigo dono aparecer dizendo que tem direito àquela propriedade, e de fato tiver; ou qualquer outra pessoa, física ou jurídica, colocar uma restrição com a alegação de irregularidade naquela transação, o Title Insurance encarrega-se de toda a disputa judicial e eventual acerto de contas.

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