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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 849. Hand keys back to Bank VI: A claim by Judges Association
Monday, November 12, 2012 @ 2:39 PM

Bosch:  Judge and spokesman of Judges for democracy (JPD). Spain

 

 According to Bosch, the solution to mortgage drama in Spain is to  adopt "immediately" a moratorium with "retroactive" force, in favour of families who do not have sufficient resources. It also proposes to apply social rent formulas in other cases.

 

"It is worrying that the Government seems to be opting for patches and insufficient solutions that do not solve the underlying problems".

 

 In this sense, JPD spokesman said that "it's time to act responsibly to address structural reform of the mortgage system to end the hundreds of thousands of existing social dramas"

 

In addition, Bosch has mentioned the ruling issued Thursday by the Attorney General of the Court of Justice of the European Union (TEU), which accuses the Spanish law of evictions of infringing EU rules by failing to ensure effective protection of consumers from potential unfair contract terms on mortgages, shows that Spain "has been a haven for banks."

 

"They have had enormous procedural advantages. Meanwhile, unlike other neighboring countries, our citizens have had no protective legislation or have had the right to payment in kind ( dation), whose regulation also needs to be claimed.

 

Bosch also added that banks have received "substantial aid" without being required "the corresponding social counterparts.

 

Therefore, JPD encourages Spanish judges to perform this "pretrial motion" to the Court of Justice of the EU, and ask them to "automatically suspend all evictions and mortgage procedures at reasonable doubts about its legality." "We have asked the judges to paralyze everything. Current procedures may be invalid according to European laws," said Bosch.

Dation and Balance V

Dation and Balance IV

Dation and Balance III

Dation and Balance II

Dation and Balance I

 

Desde el chiriguito del Hurricane

"Desde el chiringuito de Hurricane", Tarifa, Cadiz, Southern Spain, by Chodaboy, at flickr.com



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2 Comments


Anne said:
Tuesday, November 13, 2012 @ 8:59 AM

Maria,
I would suggest also that there has been a major failure to ensure effective protection of consumers purchasing offplan property in Spain, where contracts have not adhered to Ley 57/68 law, which stipulates the requirement to identify WITHIN THE CONTRACT, Bank Guarantee details, the Bank and account where deposited monies were to be placed for safe keeping until such time as delivery of product according to the contract end date. This too has played into the hands of unregulated Banks, who have benefited from all manner of procedural advantage.
The financial hardship and stress resulting from this failure that has been ongoing for all too many years should not be under-estimated nor overlooked either when evaluating the "social dramas" that have subsequently ensued.
Shouldn't this also be taken into account by the JPD by instructing judges to consistently enforce law 57/68?


MAria said:
Tuesday, November 13, 2012 @ 10:56 AM

I am sure Keith Rule´s petition is making an impact on this.
It would be good to have meny people signing it.


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