Dec 20, 2016 15:17
7 yrs ago
Spanish term

este ultimo hipoteca a la primera por parte del precio

Spanish to English Bus/Financial Real Estate Contract
From a Costa Rican real estate document which begins:

XXXX SOCIEDAD ANONIMA vende lote a XXX NOMBRE y este ultimo hipoteca a la primera por parte del precio

Thank you in advance

Discussion

Catherine Mactaggart (asker) Dec 20, 2016:
Thank you. All this discussion has helped clarify the process a lot, although to be honest, I'm still not sure how to render it in English. Can anyone offer me a suggested answer?
Catherine Mactaggart (asker) Dec 20, 2016:
Sorry, I could have included some brackets. 'XXX nombre' is just in place of the person's name, just as XXX S.A. is in place of the company's name
philgoddard Dec 20, 2016:
Robert is right The only thing that looks odd to me is "vende lote a XXX nombre", but I'm not clear what XXX represents.
Robert Carter Dec 20, 2016:
Catherine, the seller sells the property to the buyer and the buyer (who is now the owner) mortgages the property to the seller as collateral against defaulting on repayment of the loan.
Catherine Mactaggart (asker) Dec 20, 2016:
Is there any possibility that the buyer is somehow mortgaging the very same company that he is buying the property from i.e. if he has an interest in that company?

Just an idea, I've completed the rest of the document and there's no indication of this, nor of the basis of the mortgage.

I can see what you're saying, Robert, about the buyer being the subject of the verb 'hipotecar', but why would it be 'a la primera'? surely he would be pledging 'a' the asset used as guarantee rather than 'a' the seller?
Helena Chavarria Dec 20, 2016:
I also think that the mortgage is only for part of the price.
Robert Carter Dec 20, 2016:
To me, it seems to refer to "part of the price", but as I say, the sentence looks odd by itself.
Catherine Mactaggart (asker) Dec 20, 2016:
ok, thanks, I wasn't clear on that. And do you think that 'por parte' just means something like 'on behalf of' or 'with relation to', rather than any division of the price?
Robert Carter Dec 20, 2016:
"To mortgage" is synonymous with "to pledge", so it is the buyer who mortgages the property to the seller, look:

Since the buyer/borrower is pledging the property, he/she is "mortgaging" the property and in known as the "mortgagor". The lender is the recipient of the pledge, and therefore is the "mortgagee".
http://mersnews.com/2--Who-is-the-Mortgagor--What-is-the-Mor...
Catherine Mactaggart (asker) Dec 20, 2016:
I see what you mean. There is definitely nothing after this although it may become clearer in the body of the document. Just to clarify, is that the usual construction, to say that Mr XXX 'hipoteca a' the company, to mean that he receives the mortgage from them?
Robert Carter Dec 20, 2016:
Yes, I agree with your interpretation, but it seems to me that something after "por parte del precio", i.e. what property is actually being mortgaged.
Catherine Mactaggart (asker) Dec 20, 2016:
At this point I'm deducing that Mr XXX is buying the parcel from the corporation but that they are also providing him with the mortgage to do so. I'm not sure about this though, is this common?, and does 'por parte' in this case just mean 'for (on behalf of) the [whole] price', or does it literally refer to a 'part' of the price?.
Catherine Mactaggart (asker) Dec 20, 2016:
Hi,

That is the whole sentence, all that's missing is the name of the S.A. (INDUSTRIA Y VIVIENDA) and the name of the purchaser.

The following sentence begins 'Escritura otorgada en ...'

It's a short section at the start of the document which seems to be sort of summary.
Robert Carter Dec 20, 2016:
Hi Catherine Can you give use the whole sentence please?

Proposed translations

+2
5 hrs
Selected

the latter mortgages to the former for part of the price

That's my attempt. Pretty confident about the first part; it's the "for part of the price" that I'm not entirely sure about.
Note from asker:
Thank you! Actually, there is mention in the full document of a partial payment having been made and then installments which are due, so that may be relevant.
Peer comment(s):

agree philgoddard
2 hrs
Thanks, Phil.
agree Jane Martin : It could be a shared ownership.
13 hrs
Thanks, Jane, good point, that hadn't occurred to me.
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