Mortgage with Ground Clause

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28 Jul 2013 11:40 by Suda Star rating. 3 posts Send private message

HI

Banco Sabadell, who I have my mortgage with, have not yet removed the ground clause from my mortgage as per the ruling made by the Spanish Supreme Court in May.  Could anyone advise whether it would be best to contact the bank directly myself to discuss or would it be better to instruct a lawyer to deal with it?

 





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29 Jul 2013 10:19 by mariadecastro Star rating in Algeciras (Cadiz). 8857 posts Send private message

Legal Questions? Speak to Maria Direct

Suda: Try yourself first ( with registered means) and, if after a month, you do not receive a reply, hire a lawyer to write to them.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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08 Aug 2013 20:09 by Suda Star rating. 3 posts Send private message

Dear Maria

 

I have approached our spanish bank who have replied and said that they have looked at our agreement and, as it was signed  by us , the clause is not illegal and will stay.  they also said that we had a translator present at the Notary but I cannot remember this.  Does this make a difference?

 

REgards





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11 Aug 2013 23:26 by mariadecastro Star rating in Algeciras (Cadiz). 8857 posts Send private message

Legal Questions? Speak to Maria Direct

Dear Suda:

It makes no difference, they need to delete it. Possibly you need some legal help.

Obligations to the bank are out of a matter of due full information missed when stating interests programms on their mortgage offers and agreements, just you signing and the fact that there was a translator do not allow them to meet the new requirements according to our Supreme Court recent decission on this.

Good luck!

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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12 Aug 2013 15:59 by Ken Gleeson Star rating. 18 posts Send private message

Can I ask - Are we talking about the "Clauso Suelo" which was included in my mortgage deeds and of which I was unaware until the ECB rate dropped so low. If so what is the content of the Supreme Court Ruling and what action should I be taking?. Thank you

 

Best Regards
Ken Gleeson





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