Triplica a inadimplência nas prestações da casa própria

Associação dos Mutuários de Minas Gerais diz que perfil de quem procura atendimento mudou.

A crise econômica está afastando o brasileiro do sonho de comprar a casa própria. E está mudando o perfil do atendimento na Associação dos Mutuários e Moradores de Minas Gerais (AMMMG), conforme o presidente da entidade, Silvio Saldanha. “Até o ano passado, 80% das pessoas que nos procuravam eram em razão do atraso da entrega dos imóveis ou por notarem algum problema ao receber o mesmo. Agora, esse percentual é de quem assinou com o banco o financiamento, mas não consegue pagar”, esclarece o presidente.

De acordo com ele, no primeiro semestre deste ano frente igual período de 2014, a inadimplência entre as pessoas que procuraram a associação triplicou. “Infelizmente, no cenário econômico que temos hoje, com desemprego, a tendência é de aumento dos números”, analisa o presidente da associação.

Saldanha observa que, a partir da terceira parcela em atraso, o banco pode iniciar a execução extrajudicial, notificando o mutuário para pagar no prazo de 15 dias. Caso o mutuário não realize o pagamento, o imóvel pode ir à leilão. “Logo, o mutuário perde o imóvel, todas as benfeitorias feitas e tudo o que ele pagou”, diz Saldanha.

O funcionário público Werley Geraldo Mendes Machado foi uma dessas pessoas. Ele financiou uma casa em 2006, atrasou quatro parcelas e teve seu imóvel leiloado no mês passado. Ele reclama que não recebeu qualquer notificação do banco e chegou a ingressar na Justiça pedindo que o leilão não fosse feito. Entretanto, ele não teve o pedido atendido. “Passei por um trauma de um sequestro dentro da minha casa, e ainda tive que arcar com as despesas da minha casa. Eu também tentei negociar com o banco, mas não tive resultado”, disse.

O presidente da Associação Brasileira dos Mutuários da Habitação (ABMH), Lúcio de Queiroz Delfino, alerta que para os casos de financiamento imobiliário não vale a regra de que o bem de família não pode ser penhorado, conforme atesta o artigo 1º da Lei 8009/1990. “Aliás, há exceções, como no caso de dívidas trabalhistas de empregados domésticos, além de pagamentos em atraso de condomínio e IPTU”, afirma.

O presidente da Comissão de Direito Imobiliário da Ordem dos Advogados do Brasil – seção Minas Gerais (OAB-MG), Kênio Pereira, explica que a retomada do imóvel pelo agente que fez o financiamento, em caso de inadimplência do consumidor está estabelecida pela lei 9.514, de 1997, que trata da alienação fiduciária.

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