Argentina (AR) — civil law.
Nothing on this page describes United States practice. There is no certificate sold to an investor, no administrative sale, and no post-sale redemption window in Argentina. If you arrived carrying US assumptions, read falsos-amigos first.
Stopping the sale — for the ejecutado
Read this first: there is no window after the auction.
Argentina has no statutory period in which a former owner buys the property back after it has sold. If you are waiting because you believe you will have time later, you do not. Your leverage is now, and it shrinks at every stage.
While you still have room
Pay. The debt plus interest and costs — the `purga`. This is available well into the process and is the cleanest exit.
Take a plan de pagos. Where the creditor is a fisco, payment plans are often
available even after judgment and even after a sale has been ordered, on stated terms
(ARBA, for instance, publishes plans for the execution-of-judgment stage). Terms differ by
agency and change — go to the agency. See index.
Raise excepciones. The defences in an
`apremio` or an
`ejecución hipotecaria` are narrow — pago documentado, prescripción, espera documentada, inhabilidad de título,
litispendencia — but they are real. Prescripción is worth examining seriously in an
old apremio: tax debts do prescribe, and fiscos do sue on prescribed debt.
Check the title of the debt. Inhabilidad de título reaches a boleta de deuda that
is defective on its face.
As the auction approaches
The window between the auction and the auto de aprobación is legally contested — see
purga-y-el-limite-temporal. Do not plan around it. Assume the auction is the
deadline.
After it has sold
Payment no longer helps. What remains is annulment,
and that requires a defect — defective edictos, notice failure, procedural
irregularity, material misdescription — raised promptly and in the executing file.
And then
If it sold for more than the debt and costs, the excess is yours. Nobody will send it to you. See reclamar-el-remanente.
Get a lawyer
Every route above runs through the court file. An abogado matriculated in the relevant
province is not optional here.