STJ: Súmula 308 Does Not Apply to Fiduciary Sale of Real Estate

The Superior Tribunal de Justiça (STJ) Fourth Panel has established that Súmula 308/STJ does not apply to contracts involving the fiduciary sale (alienação fiduciária) of real estate. The referenced Súmula, which is directed at specific cases of mortgages within the Housing Finance System (SFH), provides that “a mortgage executed between the construction company and the […]