Mortgage Floor Clause Question

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06 Aug 2019 19:55 by miravet Star rating. 6 posts Send private message

Hi, we filed against the Sabadell in February 2018. The bank was originally the Caixa Penedes, As it is now August 2019 I wondered if anyone has had a successful court decision and also how long did it take. The court dealing  ( or not) is in Tarragona .

Basically I just need to know that there are some successes and how long the court process took


Lorna x

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07 Aug 2019 16:51 by ads Star rating. 4012 posts Send private message

Re court delays/collapse in Spain and to put this into perspective .....

According to this article back in October 2018

To give you an idea as to the figures; consider that from April 2017 to March 2018 there were 208,651 new Floor Clause Claims lodged at Court and during the same period of time only 29,849 Floor Clause Claims were resolved through the Courts. As you can see they weren’t even resolving the same number that they receive, let alone getting through the backlog.”

The article went on to confirm however “More Judges have been brought in and in the case of Floor Clause Claims, new Courts are being established to work their way through the backlog.”.

Given all of the above, perhaps best you ask your legal representative to request the court procurator handling your case to advise on current delays in your relevant region, as each region appear to be affected differently. In other words people could respond to your request for info but it might not prove relevant to your specific court region.


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09 Aug 2019 16:12 by Jarvi Star rating in Halifax UK and Sucin.... 727 posts Send private message

sorry but you could be waiting a long long time.....Try contacting Maria de Castro on here, her company Costa Luz lawyers has had many successes and may be able to give you some answers

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10 Aug 2019 01:38 by ads Star rating. 4012 posts Send private message

I now wonder if those compromised by major court and judicial delays who have been fighting for justice with regard to Bank Guarantee claims ( ley 57/68) for all too many years, are now being further compromised by judges being moved to other courts in response to the large numbers of floor clause claims?

Perhaps Maria could confirm if this is happening and if so can anything be done to resolve this problem?


This message was last edited by ads on 10/08/2019.

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