encumbered transfer
[en-ˈkəm-bərd ˈtrans-fər]
nounpl: encumbered transfers
transferência gravada
1. The conveyance or assignment of property, assets, or rights that are subject to liens, mortgages, or other financial obligations that burden the asset
The encumbered transfer of the real estate included the existing mortgage that the buyer agreed to assume.
A transferência gravada do imóvel incluía a hipoteca existente que o comprador concordou em assumir.
2. A legal transaction where the transferred property remains subject to claims, debts, or restrictions that limit the transferee's full ownership rights
Due to the encumbered transfer, the new owner could not sell the property without first paying off the outstanding lien.
Devido à transferência gravada, o novo proprietário não pôde vender o imóvel sem antes pagar o ônus pendente.
This term is primarily used in legal and financial contexts in both Brazil and the USA. In Brazil, property transfers are heavily regulated, and disclosure of encumbrances is mandatory. The concept is essential in real estate transactions where buyers must be aware of existing mortgages, taxes, or other liens. In the USA, similar protections exist through title insurance and escrow processes. Understanding encumbered transfers is critical for both buyers and sellers to avoid legal disputes.
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