Mortgages for auction property in Portugal
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Short answer
You can buy at auction in Portugal with a loan, but timing is the main obstacle: the price must be deposited within 15 days and a bid cannot be made conditional on bank approval. A home loan alone carries a mandatory 7-day reflection period. Confirm the conditions with the bank before bidding.
The problem: 15 days to pay
In an ordinary purchase, the buyer signs a promissory contract, waits for the bank's approval and only then signs the deed. At a Portuguese court or tax auction the order is different: first you win, then you pay, and quickly.
- Courts (e-Leilões and sealed bids). Once notified, the buyer has 15 days to deposit the price (Code of Civil Procedure, article 824(2)).
- Tax Authority. The price is deposited within 15 days of the (adjudicação), the decision to give the asset to whoever made the best bid (CPPT, article 256).
The law has no such thing as a bid "subject to finance". On e-Leilões, bids cannot be withdrawn (platform rules, article 7). If the bank refuses or is late, the obligation to pay remains.
A winner who does not pay on time faces serious consequences. In court sales: loss of the (caução), where there is one, or assets frozen to cover the missing amount (CPC, article 825). In Tax Authority sales: a two-year ban on buying in tax sales, apart from other penalties (CPPT, article 256(4)).
Why a home loan is a poor fit
The 7-day reflection period
For a home loan (crédito habitação), the bank is bound by its offer for at least 30 days, and the customer cannot accept it during the first 7 days. This is a minimum reflection period imposed by law (Decree-Law 74-A/2017, article 13(4) and (5)).
In a 15-day window, 7 days are gone before anything can be signed. And the bank's offer only arrives after it has analysed the application and valued the property.
The mortgage needs a registered owner
The bank lends against a (hipoteca): security over the property that lets it be paid out of the asset's value if the loan fails. A mortgage only takes effect once registered (Civil Code, articles 686 and 687).
At an auction, the buyer only becomes the owner with the (título de transmissão), which is issued after the price and taxes are paid. So the money has to leave before the bank can have its security registered. Each bank decides whether it accepts this gap and on what terms.
The valuation depends on getting inside
The bank has the property valued before approving the loan. With a seized property, the visit depends on the (fiel depositário), the person keeping the asset, who must show it during the hours stated in the notice. If the property is occupied, access may be difficult. See how to visit a seized property.
The property may not meet the bank's criteria
Properties are sold without warranty and may lack a (licença de utilização) or not match their paperwork (e-Leilões FAQ). A bank may refuse to finance a property in that state, or value it below the sale price.
What to confirm with the bank before bidding
No legal rule obliges banks to finance auction purchases, and none forbids it. The conditions are each bank's own. The conversation therefore has to happen before the bid, not after.
- Ask whether the bank finances purchases in court or tax sales. Say clearly that it is an auction, who is selling (court, Tax Authority, insolvency) and by which method.
- Ask for a credit decision before the auction. Take the sale notice, the (caderneta predial) and the (certidão permanente).
- Ask when the valuation is done. And what happens if the valuer cannot get in.
- Ask how and when the money is released. The price is deposited to the order of the or the tax office, before the title. Confirm whether the bank will pay on those terms and what happens with the mortgage.
- Count the days. Add the time for valuation, approval, the 7 reflection days and signing. Compare with the 15 days.
- Ask for the answers in writing. And work out how much you could pay from your own funds if the loan is delayed.
The European Standardised Information Sheet (ESIS, in Portuguese FINE) is the document in which the bank sets out the loan conditions. It lets you compare offers from several banks. Banco de Portugal's Bank Customer Website explains borrowers' rights.
If you live abroad, add time for opening a Portuguese bank account and for the bank's checks on foreign income. See buying at auction in Portugal as a foreigner.
Other ways to have the money in time
These are the routes that exist. Each has its own costs and risks, and none suits every case.
- Own funds. Pay with available money and, if you wish, later apply for a loan secured on the property once it is registered in your name. Approval of that later loan is not certain.
- A loan secured on another property. Someone who already owns a property can apply for a loan secured on it. The bank does not depend on the auction property, but the process must be finished before the sale.
- A personal loan. As a rule, amounts are lower and rates higher than for a home loan. It may work for small sums.
- Staged payment in Tax Authority sales. For purchases above 500 units of account (unidades de conta), the buyer may ask, within 5 days of the award and giving reasons, to deposit at least one fifth of the price in 15 days and the rest within 12 months (CPPT, article 256(1)(f)). It is a request that depends on authorisation.
Bank-owned property: a different case
Properties that banks themselves have for sale are not judicial sales. They follow the ordinary path of a purchase, with a promissory contract and a deed, and timing is negotiated with the seller. Banks sometimes advertise financing conditions for the properties they sell. Compare them with other banks' offers, using the ESIS. See /imoveis-de-bancos.
How much money must be ready
A loan, where there is one, does not cover everything. Allow for:
- the deposit of 5% of the announced value, in court sales by ;
- (property transfer tax) and , which must be paid for the title to be issued;
- registration;
- the costs of the loan itself: valuation, bank fees, taxes on the loan and registration of the mortgage.
Illustrative example. Someone wins an auction at €100,000 and the bank approves €80,000. Within 15 days they need the remaining €20,000 of the price, plus taxes and registration. The cost calculator estimates these items.
See also the costs of buying at auction and I won the auction: deadlines and next steps.
Leiloeiro is not a credit intermediary and does not give financial or legal advice. This guide is general information. Financing conditions are set by each bank: confirm them in writing before bidding.
Official sources
- Code of Civil Procedure, articles 824 and 825 (payment of the price and failure to pay)
- CPPT, article 256 (formalities of the sale)
- Decree-Law 74-A/2017, article 13 (pre-contractual information and reflection period), consolidated version by Banco de Portugal
- Civil Code, articles 686 and 687 (mortgage and registration)
- e-Leilões: platform rules (Despacho 12624/2015)
- e-Leilões: frequently asked questions
- Banco de Portugal: Bank Customer Website