スペインの経済産業省の住宅ローン未払いによる立ち退きを仲裁する法律では、法律改正を避けているので根本的解決には至らず。効果は少ない。
el drama de las hipotecas abusivas
Los jueces destapan la “arbitrariedad” del decreto de Rajoy sobre desahucios
La suspensión del desalojo durante dos años no paraliza los intereses de demora
Se excluyen de la moratoria los casos en los que la casa se la queda un tercero y no el banco
Una madre soltera con un hijo de más de tres años puede ir a la calle
Entre 4.000 y 15.000 desalojos de vivienda habitual, según el Gobierno
Los afectados: el decreto excluye a la mayoría de familias
Los gerentes sociales dicen que la reforma traerá más exclusión
Especial: dos años de desalojos
Margallo: hay que ir “más allá” en el decreto
El obispo de Bilbao ve “limitado” el plan del Gobierno
Elsa García de Blas Madrid 17 NOV 2012 - 13:52 CET
the drama of abusive mortgages
Judges uncover the "arbitrariness" of Rajoy decree on evictions
The suspension of eviction for two years does not paralyze the default interest
Moratorium excludes cases where the house is a third party and not the bank
A single mother with a child over three years can go to the street
Between 4,000 and 15,000 evictions of residence, according to the Government
Those affected: the decree excludes most families
Managers say social reform will bring more exclusion
Special: two years of evictions
Margallo: you have to go "beyond" in the decree
The bishop of Bilbao sees "limited" government plan
Elsa Garcia de Blas Madrid 17 NOV 2012 - 13:52 CET
"The expectations have proved misleading advertising," says Joaquim Bosch, spokesman for the association progressive Judges for Democracy. Judges, represented in the three major associations, as "arbitrary" and "a fiasco" Royal Decree approved last Thursday by the Government to alleviate the drain on evictions. As with the Code of Practice, which will move a range of "very limited", and reject it because it is the problem: the reform of the law. But also, what does regulate, the suspension of eviction for two years until November 16, 2014 - for the most vulnerable families, judges are failures and discrimination:
"Excluded suspension cases where the house is a third party and not the bank. From the wording of the decree that was learned yesterday its publication in the Official Gazette, the judges are surprised accuracy contained in Article 1, and that will leave off the paralysis of eviction for many families as vulnerable as those that are included in the standard. The article says that the moratorium only applies when the house was awarded to the bank at auction or "a person acting on their own" (in the eviction process, before the family is evicted from her house, the house is auction). That is, in all cases in which a third party that is not a bank (an individual, estate, etc.) is left with the auction house, the family will be evicted, but meets all the requirements to avoid . "I can meet a case of extreme necessity but not paralyzed eviction because the house is not the bank, is discriminatory," said the owner of a mortgage court prefers anonymity. Typically, the entities are awarded housing, "but the other situation is not uncommon," said the judge.
"No default interest paralyze. In this review coincide Judges for Democracy and Francisco de Vitoria conservative. "What the Government has approved a moratorium, but a suspension of the eviction, so that during those two years the debt will continue to generate and high default interest will continue to increase the" critical José Luis González Armengol, spokesman Francisco Vitoria. Joaquim Bosch of Judges for Democracy, believes that there is an oversight and that the government has taken this decision "knowingly". "Banks are not so quick to recover housing because they can not sell it, and yet are keen to keep the economic". Economy Ministry sources point out that in cases falling within the thresholds of the Code of Good Practices default interest shall be limited to 2.5% more remunerative interests. "We regret that the Government be placed with institutions and not on the side of the rights of citizens," he says Bosch.
»Family with two sons, another family with three children. The decree lays down comprehensive compliance requirements, economic and family responsibilities, they are cumulative. To qualify for the stay of the eviction shows that income must not exceed 19,000 per year and that the mortgage payment represents more than 50% of family income. But also for a couple is required to have at least three children (large families), which leaves out those with two children (unless one suffers disability). "These two children have the same right to stay in the street?" Asks Maria Teresa Sáez, judge and president of the Professional Association of Magistrates and conservative majority. "We miss that assumptions are not more flexible and we let the judges some leeway to interpret whether this is a critical case," he laments.
"A single mother with a son, into the street. Is Xiomara for Sena and his five year old son, suffering from diabetes, which was HOME. The decree states that to be beneficiaries of the suspension parent families have to have two dependent children. Xiomara, for example, would not qualify, because it has one, although only 426 euros aid enters and her ex-husband, who is unemployed, he admitted a few months 100 euros and others nothing. The child needs constant care, every 90 minutes we measured glucose and requires four daily insulin injections. It is a critical case that would not be included.
"What about the pensioners? Pensioners are also not included in the group that may benefit from the stay of eviction if they have no other dependents or dependent. Economy Ministry sources explain that somewhere had to be limits, and that what has been done is set this way to what is seen as most vulnerable.
Between 4,000 and 15,000 evictions of residence, according to the Government
E. G. DE BLAS
Government entities and want refine the only official figure on the number of evictions occurring in Spain: the one offered by the Supreme Judicial Council to the effect that since the crisis began in 2007, there have been 350,000 foreclosures. The Executive and institutions believe that the public has a conception of the problem somewhat oversized because that statistic does not refer only to evictions of families from their residence, but also includes second homes, shops, etc..
"The numbers of evictions for first home mortgages are much lower," said yesterday the Secretary of Economy and Competitiveness. Temboury Miguel, who has been the coordinator of the working group on foreclosures, lowered to between 4,000 and 15,000 the number of first home foreclosures that have occurred with the bank as a creditor in the past four years. The Ministry of Economy asked your data entities last week, and yesterday gave Temboury figure is the result of that collection, but ministry sources admit they are approximate data (hence the fork so wide).
The Spanish Banking Association (AEB) also thinks fit "to place the problem of foreclosures and evictions in perspective", in the words of its president, Miguel Martín Fernández. This points out that according to the Bank of Spain, 97% of Spanish households with a mortgage is meeting its payment obligations.
The management believes that the banking sector reform "draft" of the eviction proceeding would be "very damaging" because it would break legal certainty. "It's very serious compromising good payment culture that exists in our mortgage market to ensure basic sound and sustainable system. No incentives should be introduced to stop paying mortgages, "concludes Martin Fernandez.
虐待的な抵当のドラマ
裁判官が立ち退きにRajoy判決の"恣意性"を発見する
2年間の立ち退きの懸濁液は、延滞利息を麻痺していません
家は第三者ではなく銀行であるモラトリアムは例を除外
3歳以上の子供を持つシングルマザーは、通りに行くことができます
政府によると、住宅の4000〜15,000立ち退き、
影響を受けたもの：令は、ほとんどの家族を除外
管理者は社会改革をより排除をもたらすと言う
特殊：立ち退きの2年
Margallo：あなたは判決で"を超えて"行かなければならない
ビルバオの司教は、"限られた"政府の計画を見
エルザ·ガルシア·デ·ブラスマドリード17 NOV 2012 - 13:52 CET
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