Moving a mortgage to another lender in Brazil

What the rule says

Article 3 states that the original lending institution “deve garantir a portabilidade” when requested by the debtor, on receipt of funds transferred by the proposing institution. Article 4 forbids “procedimentos alternativos” aimed at a similar result, which means a lender may not replace the right with a workaround of its own. Article 13 requires institutions to display the information on how to exercise the right at their premises, their correspondents’ and their websites.

The process starts with the new lender. After a formal and specific request from the debtor, the proposing lender sends the portability request to the original lender (article 7) with, at minimum, the debtor’s CPF, the contract number and the proposal’s terms. Article 7 also requires the proposal to show the CET (see CET), so you can compare like with like. For real-estate loans, article 7, item IV, fixes the reference dates on which the balance is calculated.

Limits on the new loan

Article 6: the amount and term of the loan at the proposing institution cannot exceed, respectively, the outstanding balance and the remaining term of the loan being ported, on the date of the funds transfer. You cannot use portability to extend the term or to take extra cash. A new loan for more money is a different operation, subject to the loan-to-value limits explained in how mortgages work.

A loan inside the SFH stays inside the SFH after portability, “exceto o limite máximo do valor de avaliação do imóvel” (article 12): the new lender does not have to re-test the R$ 2,250,000 value ceiling (SFH versus SFI).

Deadlines

The original lender must ask the proposing lender for the funds within 5 business days of receiving the request, or 3 business days where the exchange is done through Open Finance, as article 8 reads after Resolução CMN 5.265 of 28 November 2025 (published 1 December 2025). After the transfer, the original lender must confirm receipt within two business days (article 10) and, within two more business days, send the document certifying the portability (article 11).

The registry step

In a real-estate loan, that document must contain all the information, statements and signatures needed to register, “em ato único” (in a single act), the substitution of the debt and of the fiduciary or mortgage guarantee over the property in favour of the new lender (article 11, sole paragraph). That is what makes the transfer practical: there is no need to cancel the old guarantee and constitute a new one. For what the guarantee is, see alienação fiduciária. The registration is still done at the property registry, and registry fees are set by each state (notary and registry fees).

Who can ask

Article 4 sets the procedure for credit contracted by an individual, and also for credit contracted by a sole trader or a company when an individual could have contracted the same type of loan. A home buyer who holds the loan in their own name is covered. If the loan was assigned to an entity outside the national financial system, article 14 makes the institution that administers the payment flow take on the original lender’s duties. Article 7 requires a “solicitação formal e específica” from the debtor. The rule does not mention the borrower’s nationality or residence; Payotte found no condition on either in the text read.

When it makes sense

The comparison is arithmetic on the CET and the remaining term. The test is whether the CET of the new proposal, over the remaining term and after any registry charge you must pay, is lower than the cost of keeping the current loan. If the rate market has moved, the central bank’s published averages give context (the Selic and mortgage rates), but they are not a quote. Check which insurance the new offer requires: the rules on choosing a policy are in mortgage insurance.

Which professional to consult

A mortgage lender or correspondent prepares the new proposal and CET (mortgage lender). A lawyer registered with the OAB reviews the new contract and the registry step (property lawyer).