Requisitos para ser Aval: Qué es un Aval, para qué sirve un Aval y como puedo dejar de ser Aval

Avalista, fiador, garante, responsable, son palabras que aluden a lo mismo: una persona que sirve de enlace de confianza entre una entidad financiera que presta dinero y un solicitante del mismo, que necesita ese empujón para tener ese crédito, si te han pedido ser aval o tienes que conseguir uno, debes conocer los Requisitos para ser Aval.

No todo el mundo puede ser fiador, ni quiere serlo, y por ello no resulta en vano leer este artículo en el cual abordamos el tema con palabras llanas y sin el revestimiento jurídico o la jerga financiera que pudiera confundir más todavía al hombre común.

Ponte cómodo y conoce todo lo relacionado con este tema.

ESTO ENCONTRARÁS AQUÍ

Requisitos para ser Aval

Para ser un Aval tienes que registrarte en una entidad financiera que evaluará tu perfil, de acuerdo con criterios legales y establecerá si procede a dar el crédito solicitado.

Veamos entonces los Requisitos para ser Aval

  • Ser mayor de 18 años en adelante

Es lógico pensar que para solicitar un crédito, la persona tiene que ser mayor de edad. Por tanto es el primer requisito que se exige para concederlo.

  • Tener solvencia económica

Significa que el fiador o aval debe tener suficientes fondos, que sobrepasen el monto de la deuda asumida por su recomendado. Y debe saber que si éste no paga, tendrá que por cancelar por él.

  • Presentar un patrimonio libre de deudas

El avalista debe tener también solvente algún tipo de patrimonio, en especial, casa, vivienda o edificio que no tengan cargos de tipo hipotecario debido a que servirá como garantía para el prestamista.

  • Contar con un buen Historial de crédito

El ente financiero tomará en cuenta que el fiador tenga una historia crediticia limpia de deudas verificado por la institución prestamista.

  • Tener ingresos fijos y firmeza financiera inmediata.

Se trata de constancias de trabajo o empleo firmadas y selladas por el patrón o empresa en la que se trabaja, y el historial crediticio emitido por el Buró de Crédito, para acompañar el resto de los documentos legales que solicite la entidad financiera en el momento del registro como aval.

  • Formalizar la documentación en una entidad bancaria 
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Todos los documentos serán llevados a la entidad prestamista para solicitar el préstamo o crédito, con los datos de la persona a la que servirá de fiador u otros que le sean requeridos.

Allí se efectuará una especie de contrato de responsabilidad que tendrán que firmar tanto el fiador o aval  como la persona a la cual está afianzando o recomendando.

¿Qué es un Aval?

Según el derecho cambiario el aval es un contrato o fianza que surgió hace tiempo en Londres y consiste en un compromiso a favor de un tercero que igualmente recibirá el beneficio.

aval

El avalado establece un compromiso y el fiador también, a la hora de tener que pagar la fianza no cumplida, de modo que se aplican reglas específicas.

En cambio en el aval bancario es la misma entidad la que sirve de fiadora, y por tanto la garante de las obligaciones del acreedor.  Por esto se encarga de diversos aspectos del crédito y los  intereses, en caso de que el deudor no cumpla con el pago completo del crédito.

¿Para qué sirve un Aval?

Un Aval es útil a la hora de solicitar un crédito en alguna entidad financiera pública o privada, contratos mutuos con garantía de hipoteca de inmueble o cuando decida realizar los pagos con los títulos de crédito que el banco solicite.

En todo caso, es aconsejable que tanto el solicitante del crédito como el avalista o fiador sean personas de cierta confianza y que cada uno cumpla con sus obligaciones establecidas por el prestamista.

¿Qué hay que saber para ser un Aval?

Ser un Aval amerita que se tenga cierto conocimiento sobre algunos aspectos interesantes, los aspectos a los que hacemos referencia son:

  • Debe tener (tanto el fiador como sus recomendado) un perfil económico o historial crediticio aceptable para la entidad que prestará el dinero.
  • Es preferible salir como fiador de personas a las que se conocen bien o sean de confianza por trato de años (un amigo, familiar, u otro). Pero si no es así, es mejor no echarse tal compromiso encima.
  • El incumplimiento de una o de ambas partes involucradas en el contrato tiene dos consecuencias principales: una de ellas es que el fiador tenga que pagar la deuda adquirida por su pupilo, y otra es que su patrimonio declarado sea embargado por la entidad financiera.  Ello sin contar con que la deuda no prescribe sino que se pasa a los descendientes en caso de que fallezca uno o ambos involucrados en la fianza.
  • Por eso, se deben leer bien las condiciones que establece el contrato (el prestamista) para derogar el dinero con fiador y así evitar inconvenientes jurídicos o sorpresas.
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¿Qué significa ser un Aval de un crédito hipotecario?

El aval es alguien o institución que se ofrece como garante o fiador de otra que ha pedido un préstamo y que en caso de no poder cancelarlo, tendrá que hacerlo el avalista.

Qué significa ser un Aval de un crédito hipotecario

Al ser fiador de ese otro, adquieres la obligación de responder por los pagos adquiridos por el titular de la suma y por ti que aseguras en el contrato que lo conoces y que es confiable como pagador.

Ahora bien, ser aval hipotecario facilita garantizar la cancelación del crédito hipotecario del acreedor, en caso de que incumpla, porque el monto se le adosará al fiador.

Por ello, al solicitar un crédito hipotecario la entidad bancaria evalúa todos los factores:

  • La solvencia del solicitante.
  • Sus niveles de ingresos netos y extras.
  • Qué partes patrimoniales quedarán comprometidas, y
  • Si el fiador ya tiene otro préstamo.

Si alguno de esos aspectos presenta indicios de  que el acreedor y el fiador no están aptos para solicitar el crédito hipotecario, entonces la entidad bancaria les pedirá que regularicen sus situaciones primero antes de considerar la petición.

En el aval bancario, quien sale como fiador es una entidad financiera cuyo cliente posee alguna cantidad de dinero depositada en la institución, o posee algún otro tipo de convenio hipotecario en caso de que no cumpla.

Para ello el acreedor debe considerar algunos aspectos:

  • El préstamo personal con Garantía Hipotecaria: es de libre disponibilidad y puede utilizar como garantía la casa o inmueble.
  • La edad para solicitarlo: edad mínima de 25 años y máxima antes de cumplir 72 años.
  • Cantidad máxima del crédito: máximo de US$ 100,000 o su equivalente en Soles.
  • El plazo de pago: si es personal, el lapso es de 5 años.
  • El pago de las cuotas: pueden pagarse en tres formas: mediante débito automático de una de las cuentas, por la Banca digital o en oficinas físicas y lugares habilitados para ello.
  • Pagos anticipados o adelanto de cuotas del crédito: puede hacerse sin problemas por los mismos medios anteriores.
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¿Cómo puedo dejar de ser un Aval?

En caso de que no puedas continuar como fiador de una persona, puedes solicitar el retiro del contrato previa realización de algunos trámites para que la entidad financiera lo haga sin ningún problema.

En primer lugar, puedes llegar a negociar con la entidad prestamista tu retiro como fiador.

La otra alternativa sería eliminar el avalista de manera unilateral sin ningún tipo de negociación; pero es mejor que consultes esto con un abogado, para evitar algún tipo de medida judicial tomada por el banco para evitar el riesgo de perder el dinero, en caso de que el acreedor no cumpla con los pagos.

Como ves, servir de fiador o aval a otra persona no es algo trivial sino bastante serio, y más de una persona se ha visto envuelta en demandas financieras por incumplimiento de la persona a la cual recomendó para un crédito.

Por eso a casi nadie le gusta prestarse como aval, a menos que se trate de un familiar o alguien muy allegado, que el fiador conoce muy bien.

Ahora nos despedimos invitándote a seguir con nosotros para que realices la búsqueda de todos los temas de tú interés.

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