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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 860. Judges on Financial Lobby and unfairness
Monday, December 3, 2012 @ 12:54 PM

 Judge José María Fernández Seijo,  Judge Commercial Court 3, Barcelona on mortgage enforcements and repossessions:

1.- Financial sector is a very powerful lobby.

2.- If mortgage enforcement Law changes in Spain there will be no overwhelming number of breaches as people wants to keep their homes

3.- Measures approved by the government are not solving the problem as delay interests need to be repaid anyhow.

4.- Current Law does not allow the Judge to decide on content of the mortgage contract, just on formalities. If content would be allowed to be analyzed, many Judges would be able to apply European Law, declare as null and void both clauses and procedures and stop the current coercion of repossessions regulations.

5. - European Law should have been implemented in Spain in 1995 so I understand that from that date, mortgage debtors could use European Law for its defense.

The Cathedral of Granada

"The Cathedral of Granada", Granada, South-east of Spain, by kevinpoh, at flickr.com



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