As my friend Carlos Guerrero says very bravely on his yesterday’s post, some lawyers in Spain are continually seeking the way to “the most unfair mortgage law and civil procedure Act on the planet”. His post has made the continuation of these serie on dations, foreclosures and mortgages.
In this same post Carlos comments on the recommendations made by the Court of Navarre to lawyers for using the following arguments in order to stop foreclosure:(suggested by Magistrate Garcia Goyena in a recent Court decision by Navarre appeal Court)
1. - The citizen can oppose the bank from taking your home saying" supervening circumstances that have affected their payments on the mortgage” “related to the social and economic context in which we currently find ourselves: the unexpected and dizzying results of the economic and financial crisis of the last years.
2. - Claiming a situation of "abuse of rights" by the bank, as Bank of Spain regulations require financial institutions to integrate their foreclosed assets by areasonable value. (never under 60% of auction value agreed on the mortgage deed as per July2100 Royal Decree on aid to mortgage debtors).
3. - To apply, as a precautionary measure, to halt the foreclosure claiming that "contractual consent had been given by mistake or ignorance of their essential elements".
Refreshing, pro-people advice. My warmest congrats to Carlos and Navarre Appeal Court. We are re-building the country!