Legal tip 712. Light measures pro dación en pago
Thursday, February 23, 2012 @ 1:16 PM
Just as a "recommendation " in a manner of " Bank´s good practise", the government advised yesterday to financial institutions to accept " daciones en pago " (keys bak to the bank) in cases where the whole family is unemployed and the house is the first and only residency.
Too light in my opinion as the Spanish Civil Code already offers these rights in a clear way to debtors.
The governemnt is also promoting extrajudicial foreclosures, and online auctions. It is also softening the hard effects of evictions by encouraging Banks to let evicted people to stay at the house for at least two years.
Government is offering tax benefits to Banks following this advise.
Hum.... I am afraid this is too complacent to Banks, which in general do not follow light advises or recommendations. How they? if they are confident enought to not to obey Law in many occassions...
I am more and more convinced that the big legal battle of the coming years is about reducing Bank´s power and putting them for real under Law and democratic legitimacy.
It seems that we people, protected by good lawyers, will be leading the crusade. Judges seem to understand it too. Good for those judges!
It is a so nice challenge!
"Los Caños de Meca en Barbate (Cadiz)", Spain, by Manuel Acebedo: El Viajero de la Janda Litoral", at flickr.com