Spain requires urgent measures to curb and place a stop signal to the executions of unpaid mortgages and evictions. Even the two main political parties tried to come to an agreement given the gravity of the situation, especially when there has been a increase in suicides by people who were about to be evicted from their homes.
A new Royal Decree-Law 27/2012 has been published with regards to urgent measures to strengthen the protection for debtors. In its explanatory memorandum it states that "attention to the exceptional circumstances facing our country, motivated by the economic and financial crisis, in which many people who took on a mortgage loan to purchase a primary residence are in trouble to meet their obligations, requires the adoption of measures which, in various forms, help alleviate the situation of the debtors'
This new norm of just two articles but with an additional disposal, another transitory and two final provisions has as a key point Suspension of evictions of primary residences, particularly for vulnerable groups. The question is: Who are included in these groups? (Article 1.2 RD-Law 27/12):
- Large Families, in accordance with current legislation.
- Single parent families with two dependent children.
- Family units in which there is a child under 3 years of age.
- Family units in which some of its members have a declared disability of over 33 %, dependency status or a disease that incapacitates them permanently to perform any kind of work activity.
- Family units in which the debtor is unemployed and has exhausted all unemployment benefits.
f) The family units who live in the same household, in which one or more members who are united with the debtor or spouse by blood relationship to the third degree of consanguinity or affinity, and who are have a declared disability of over 33 %, dependency status or a disease that incapacitates them temporarily or permanently to perform any kind of work activity.
g) Family units where there is a victim of domestic violence, in accordance with current legislation, in the case that the property to release constitutes their primary residence.
However the norm sets that for the application of the suspension of the eviction process, they must also attend a series of circumstances (article 1.3 RD-Lay 27/12), like for example the total amount of income of the family unit which has to be within the limits that have been set or that there is sufficient proof of a significant alteration in the family units circumstances.
When do you provide to do this? The article 2 of RD-Law 27/12 sets that you can file the proof at any stage of the mortgage execution process and before the eviction process takes place, to the judge or notary in charge of the procedure.
For more information with regards to this matter please don’t hesitate to contact us via comunicaciones@lexland.es or +34 952 77 88 99, and someone will be happy to assist you.