What is the transfer decree and what is it for?

The Transfer Decree real estate is a official act by which a judge carries out the transfer of ownership of the property, previously foreclosed, from the old owner to the new contractor.

In this act, issued by the judge in the context of its attributions, they are indicate the deletion of the transcriptions of foreclosures and mortgage registrations relating to the property. The draft decree is drawn up by the professional in charge of the sale and subsequently transmitted and subjected to signature by the competent judge.

What does the transfer decree contain?

With this act, we proceed with the cancellation of the registrations of foreclosures relating to the property in question. The transfer decree comprehends:

• Price 
• Precise details of the parties involved, including the successful tenderer and the debtor;
• A detailed one description of the property, with indication of the relevant cadastral details;
• The liberation order;
• An order from the judge for the cancellation of registrations of foreclosures and mortgages;
• Tax breaks
• Possible mutual

Transfer Decree Times and How registration takes place

Articles 13 paragraph 1-bis and 54 paragraph 2 of Presidential Decree 131/1986 establish that the registrar must request registration of the transfer decree within 60 days of its issuance and pay the tax calculated by the Revenue Agency.

This gives the chancellor the role of fiscal manager, similar to that of a notary, for transfer decrees. To avoid penalties for late registration, the Revenue Agency carries out a preventive calculation on the draft decree, transmitted by the delegated professional or the bankruptcy trustee.

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