All EOS blogs All Spain blogs  Start your own blog Start your own blog 

El blog de Maria

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

Legal tip 443. Spanish Judges pro new paradigm: pro-person
Monday, January 31, 2011 @ 12:11 PM

Last week, several Court decissions in Spain have finally expressed the heart and suffering of hundreds of thousands of consmers and their consumers organisations.
 
First one , of Navarre Appeal Court, as you all know now, which establishes that once the Bank repossess a house after a foreclosure proceeding, cannot keep the claim against any other assets of the debtor. The Court decission is highly controversial as, even being most fair, it is formally against the letter of our Civil Procedure Act, provision 579.
 
Second one , passed by number 3 Comercial Court in Barcelona, which, after losing their home, has brought the status of "free of debt" to a bankrupted couple of retired people.
 
Of course Banks are appealing and are even claiming these new Decissions are against Consumers´ interests. What a .......!
 
The number of foreclosured houses from 2007 to June 2010 was of 230.000 in Spain. 
 

President of ADICAE comments that the Navarre Court Decission is about Judges asking for the reform of Law and opening an innovative way to prestige Justice and deffrend citizen´s interests. SO BEAUTIFUL!

 

Consumers associations very wisely and groundly deffend that the decission on granting a credit is of the financial intitutions so they are who needs to face the consequences of their errors. They also argue that both the inflation and disinflation of prices of houses have been directly performed by financers.  It is unfair that families carry on with all risponsabilities while Banks keep obtaining benefits. 

Judges in Spain are adopting a more pro-person, social position than before. It is a change on paradigm!! Really good newa for us all... finally.
 
Have a great week!
 
Maria 
 
 

 



Like 0




3 Comments


leigh astin said:
Monday, January 31, 2011 @ 2:25 PM

Dear Maria

We have been reading your blogs with interest and write for your help.......

We bought a golf resort apartment, in the Murcia region in 2009. We foolishly believed that this was in a good area for rental etc etc etc..........

We have since realized that the rental potential/market, one of the basis' on which we bought and were relying on to contribute towards the payment of the mortgage just is not there.

We are not getting to use the property personally and are looking to approach the bank with a view to buy back or consider other options etc.

We have to date maintained our mortgage payments, re mortgaged recently onto an interest only basis (although the bank is charging us more than was actual quoted each month) to reduce monthly costs and have concerns in relation to a lender potentially coming back to us, any lender wrong doing, if our property either legally or illegally sells for less than the outstanding mortgage........

We would be extremely greatful if you are able to provide any additional guidance on this matter and confirm if this is an area you advise in.

Yours sincerely
Leigh Astin

Contact
UK Mob - 07748433893
E - lsa3@btinternet.com





Sandra said:
Tuesday, February 1, 2011 @ 3:32 PM

'Really good news for us all'

Oh Maria, I do hope so.
The banks have wielded power far beyond their remit and caused untold misery worldwide, whilst judges have had to deal with first hand the results of the banks avaricious and inhuman practices.
Let us hope their requests for reform are successful.


Gavin Healy said:
Tuesday, February 15, 2011 @ 6:18 PM

Maria,

Can you just clarify does this case now mean that if the Bank repossesses a property and the property value is less than the mortgage they can no longer pursue you for the balance.

Or am I reading this wrong.

Regards

Gavin Healy


Please reply to:-gavinhealy@blueyonder.co.uk


Only registered users can comment on this blog post. Please Sign In or Register now.




 

This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x