Navarre Appeal Court says Banks have no rights....

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27 Jan 2011 12:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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Legal tip 437. Navarra Appeal Court says Banks have no rights...
24 January 2011 @ 15:27

Navarra Appeal Court has decided that Banks that keep a house in a foreclosure proceeding, whatever the value of the debt and of the house, the Bank will have no rights to go against other assets of the debtor for any remaining amount. 

Therefore the debt which is guaranteed with a estate is limited to the value of the property itself.  Similar decissions can be found in the Provintial appeal Courts of Baleares and Cadiz.

I agree with some Consumers specialists that this understanding of mortgage debts and forecloseures is not technically correct under pure legal terms,  but this is said when talking of a scenario where prices followed a normal growing evolution.

The current scenario in Spain where value of houses and lending availability was so rapidly and artificially inflated by Financial Institutions, make this decission the most adjusted to Justice as Law needs to be applied taking into consideration the social reality of the time when they are applied.

Adjustment to reality for the protection of the most  damaged parties in this financial and real estate bubble and subsequent burst: persons, consumers

It is good!

This below is an image of the Court decission front page

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27 Jan 2011 1:27 PM by EOS Team Star rating in In Spain of course!. 4015 posts Send private message

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That is great news and I'm sure it will bring some peace of mind to many.

Thanks for sharing.

Justin



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09 Apr 2011 1:10 PM by Sanchez1 Star rating. 853 posts Send private message

BBVA have just lost their appeal against this according to the Spanish press.  Is there any other legal recourse for BBVA?

If this decision is final, it has big, big consequences for the Spanish economy.  Handing the keys back to the bank was what got the US (and as a result the rest of the world) into such a mess.

 



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09 Apr 2011 4:19 PM by lobin Star rating. 256 posts Send private message

 The Bank cannot appeal to the Supreme Court because the amount involved in the original claim is lower than 150,000 euros so the Navarra Appeal Court would be final in this particular claim.

However, the Bank has appealed claiming the decision to be null because it is based on a subjective interpretation by the Court of what is morally right and not on Law, which has no legal basis in Spanish Law and considers it to be arbitrary.

At the same time, the Bank has filed a petition to the Constitutional Court to have the Appeal Court decision revoked.





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09 Apr 2011 5:31 PM by normansands Star rating in Kent. 1281 posts Send private message

Dear All,

slowly slowly things seem to be coming right in Spain with natural justice for the consumer and citizen - long overdue but very welcome

hurray I say

Regards

Norman



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