スペインの不条理な住宅ローン法(銀行に有利で、消費者に不利)との戦い、
Batalla contra los abusos de una ley
Hace dos años varios colectivos sociales comenzaron la lucha contra las injusticias de la ley hipotecaria. Ahora, los jueces combaten una legislación que consideran muerta y se plantean suspender los desalojos a la espera de una ley europea
José María Irujo Madrid 18 NOV 2012 - 00:00 CET
Battle against the abuses of a law
Two years ago several social groups began fighting the injustices of the mortgage law. Now, judges consider legislation to combat dead and raised suspend evictions pending a European law
José María Irujo Madrid 18 NOV 2012 - 00:00 CET
Post a judge to colleagues in a discussion forum: "Fuck with my newsagent. This morning when I went to buy a newspaper and seen me has left behind journals without telling me and gave me a kiss on the mouth in front of the customers. I've been cut and flushed, then I saw the headline of a newspaper and I heard him say that I was a judge and he finally seemed that powerful groups of the society were facing them. I went home thinking that something is changing, it has made its way to a transformation of the group of judges, slow but steady. "
No more silence. The rebellion of some judges to an obsolete and unfair law passed more than a century ago, in 1909, that has precipitated the evacuation of 350,000 properties and tens of thousands of families, has managed to bring this group to society and sparked debate among the judges themselves about how to respond to this social drama. The forum of the General Council of the Judiciary (CGPJ), which brings together over 5,000 judges, and the various professional associations collect proposals, initiatives and thousands of messages demanding a change in the law, calling for a response. Some propose that from tomorrow become paralyzed evictions were handled in their courts.
Another message: "Yesterday I heard Juan Luis Ibarra [President of the High Court of Justice of the Basque Country]. He expressed sorrow and shame for the unfortunate facts of Barakaldo [Egaña suicide Amaya, 53, when he was to be evicted from her apartment by a judicial commission]. He spoke of when the right to justice kills. And I was excited because it went for the other presidents face when TSJ had silent about previous suicide. And because I felt it was expressed in our language. The other language is not ours, do not recognize it, I did not judge to end become a mere executioner applied the death penalty to the weakest. It will be the language of the bankers, the markets, but my feeling is with Juan Luis. The right has a lot of backroom ethics. " "We are discussing with a fire and intensity that you can not imagine," Gemma describes Vives, Barcelona judge who issued one of the first cars against evictions.
Did you miss the fear of speaking in the judiciary? "People are losing. It is overcoming the misconception silent responsibility. The position of the judges before this drama has caused our reconciliation with society we were away, "says Pedro Luis Viguer, 47, dean of the judges of Valencia and one of the most critical judges evictions. A position that has forced the government to pass a decree to alleviate the devastating effects of evictions granting a two-year moratorium for the most vulnerable and housing stock. Measures that many judges and social groups believe insufficient.
Judge Guillem Soler: "when a citizen loses his property for nonpayment can not claim"
The wave exploded on Oct. 25 at the headquarters of CGPJ. The vowel Manuel Almenar presented a paper entitled Proposals for the improvement and reform of civil proceedings in which seven judges from different parts of Spain claimed the highest body of the judiciary a total transformation of the legal framework governing foreclosures. These judges, which include Viguer, the dean of Valencia, accuse the banks of "irresponsible, lightness and malpractice", calling for moratoriums accidents, unemployment, misery and disease and claim the payment in kind, ie The delivery of housing as a way to cancel the loan, it becomes a "mandatory regulation under certain circumstances." Among his proposals require citizens to participate with their own voice through the creation of joint committees that favor a negotiated between the bank and the debtor.
The full CGPJ looked away, avoided ruling on the report and question whether or not they had voted among the editors and even if the body had commissioned judges. Its contents had revealed yesterday COUNTRY. "Let them call us to make this report and then give us the forehead is the height. We worked for eight months, we have done without charge. It is unacceptable that the reaction had the Council. What a disappointment, "complains one of the editors who claimed anonymity.
The lukewarm attitude of Gonzalo Miller, Chair of the highest of the judges, and some vocals to the report proposing solutions for mortgage evictions no avail. The 47 senior judges in Spain Barcelona signed days later in a sentence to the story: "Justice is called to lead the public discourse against the crisis." A panel of 15 judges led the meeting the need to reform the maligned Foreclosure Act.
The wave that exploded in the CGPJ and deans initiative was not accidental. The wind and currents that are formed years ago in courts Estella and Pamplona, Girona, Torrejón (Madrid), Elche, Barcelona and Terrassa (Barcelona), among others, in which judges bypassed in the silence of their offices the harsh law of foreclosure with cutting-edge autos. Resolution innovative in depicting situations of "unjust enrichment", "abuse of rights" and practices similar to "usury". Everyone talks about the helplessness of the dispossessed against the banks.
A judge on the Judiciary: "We are called to make a report and then we get in the forehead.'s The limit"
Outside of some citizens tried blowing strongly in the same direction. Lluís Martí, 54, mechanic, separately and father of a 10 year old boy, has paralyzed the eviction from his home in La Bisbal del Penedès, a town 30 kilometers from Tarragona, five times. Claims to be the first person in Spain that he has. Other causes for the help of 30 people from the Platform of People Affected by Mortgages (PAH) that the November 3, 2010 surrounded his house with banners to prevent eviction. "My case has been filed. Will be suspended by the bank (Caixa Catalunya). He had more than 100,000 euros, but had no job since 2009. I'm still in my house and I will not leave, "he says.
This initiative began the campaign Stop Evictions of PAH paralyze today has 500 evictions and has become, along with movements such as 15-M, in the forefront of citizen initiatives against old Foreclosure Law. Colau Ada, 38, a graduate in Philosophy and working at an observatory of social rights, is one of the promoters of this platform in just two years has mushroomed across the country. "We have achieved great victories small as payments in advance of the auction and debt forgiveness after the auction. Hundreds of municipalities support us asking to change the law. "
To that end, PAH and other groups have gathered 600,000 signatures and submitted a legislative initiative before Congress to make retroactive payment in kind. Batllori Martí, counsel for the PAH, described as "tortuous and troubled" presenting this initiative and promises to reach the one million signatures. For Paul Matos, PP housing spokesman in the previous term, payment in kind is a "nonsense because what you get is the homelessness and abandonment of the family home." The popular MP says the government decree law is only one answer "urgent" to halt evictions and is in favor of reforming the Mortgage Law. "I assure that we will promote. There is much disparity and abuse, "he says.
Colau Ada, the campaigner Stop Evictions, considered insufficient government action. "The partial moratoriums are not the solution. There is talk of eviction, but not debt. People have to be able to break free of that burden. They can not be excluded for life leave. Defining vulnerable groups is another mistake, as was done with the code of practice, which has been a failure. With this decree the case of the woman who committed suicide in Barakaldo not fall: it was a marriage to work and a son of 21 years. "
A survey of 6,000 eviction cases concludes that 65% are Spanish and in 82% had less
Guillem Soler, 36, owner of a court in Barcelona, is a pioneer in exposing abuses of evictions. Two and half years ago, when I was in front of a court of Sabadell and hardly anyone spoke of drama, raised the constitutionality of foreclosure law, but the Constitution guaranteed the old law of 1909. In his view, the citizen is defenseless and explains: "When a citizen loses housing for nonpayment can not claim, can not stay enforcement. If you do have to go to a different process. It is a law restricting the right of defense. "
The two-year moratorium adopted by the Executive for families who do not enter more than 19,200 euros per year is for pure Soler makeup. "The root of this problem is this unfair system that requires changing the law. We need a thorough legislative reform. " Judge proposes two options; payment in kind or modification of procedural law for the bank instead of staying home with 60% of its value it for 80%. "So little debt would be paid," he adds. She adds, "need to have retroactive effect because otherwise the problem continues."
Edmundo Rodriguez, 49, a judge of the Provincial Court of Álava, claims suppress foreclosure process and highlights the vulnerability of the thousands of victims, who lack counsel. "I would disappear. You should go to an ordinary and common for creditors. We must expand the creditor opposition causes: by unfair or disproportionate default interest, establish that the property that runs serve family housing, which is mandatory for the intervention of counsel debtors. Now in 95% of cases there is no opposition. And as there is no opposition and auctioned run by two hard ".
A survey of 6,000 cases collected by PAH affected platform offers startling facts: 82% of foreclosed homes were home to at least one child, 65% were Spanish, over 40% had signed a mortgage between 100,000 and 200,000 euros, 49.1% were unemployed. The list of performers is led Bankia entities with 16%, and 12% BBVA. "The victims are desperate, can not think of going to the bar to ask defense. When counsel have come without a problem, "says Judge Rodriguez.
The lawyer Rafael Mayoral, 38, in Madrid attended dozens of evictions. I never imagined that the movement that began a few go so far. It has meant that when demand is reported execution debtor is not informed of his right to free defense. "The victim is helpless, no information about the procedure. Also, if you do not ask the bank will charge the costs, "he says. A hundred lawyers have created a shift solidarity to assist evacuees and writing letters.
Dozens of lawyers turn create a solidarity to help those affected, that 95% does not pose resource
José Luis González Armengol, dean of the judges of Madrid, calls for reform that goes beyond just adopted by the Government. This is her recipe: "You should go to a legislative change that take other legal annexed Civil Code which set the foreclosed. The bank is a preferred creditor. We must ensure the commitment of the authorities with social housing. It has to enhance the rental market to reach European standards. The purchase involves more risks. We are paying the consequences of a housing policy wrong. "
The two-year moratorium adopted by the Government for the most vulnerable is a mistake to José María Fernández Seijo, 47, the judge appealed to the Court of Justice of the EU for Mohamed Aziz, a Moroccan worker living in Catalonia , a move that threatens to topple the Spanish mortgage law. The opinion of the advocate general of the court, the law describes as abusive. "The moratorium itself is dangerous if there is an acquittal. Should be accompanied by the debt restructuring. If paralyze you do is slow the problem because the interests are growing. If no debt reductions permanent solution. In addition, the middle classes should benefit not only the lower classes. "
The future European judgment predicts that Spanish law is dead. Some see it as clearly and proposed the suspension of all foreclosures. Dolado Angel, 50, chief judge of Zaragoza and president of Independent Judicial Forum, leads this initiative. "To avoid greater evils must suspend. We designed a form to auto mode which are distributing in Spain. We want judges boards are considering the possibility of stopping them. " The lawyer says that tomorrow Mayoral numerous concerned shall request the suspension of evictions in courts across the country. And wield the report of the European Court lawyer. "Let's see if the judges serve" asks.
Diego Gutierrez, 37, a judge in Lleida, thinks so: "We must do something. There is a commitment on the part of the judiciary to deal with these situations as dramatic. Some colleagues raised some suspend executions until the European court to rule. " Francisco José Cobo, 55, the judge of the Court of Navarre who issued one of the first cars with the system critical evictions, recites all the acquis in the area of consumer protection and adds: "I think a proper chance and reasonable. We should go out there. "
Others, like Juan Antonio Xiol, President of the First Chamber of the Supreme Court, seeking more complex pathways and study if possible raise resources to cars since the eviction proceeding requires only appeal against sentences: "It is not easy, but not impossible. The novelty would appeal to the High Court, and against the judgment of this include the appeal. Find some way to arrive at the Supreme. "
The citizens' movement continues and the government decree further heated discussions in the forums of the judges. From the comments not escape Moliner, President CGPJ that avoided addressing his comrades report on evictions, the shock wave that broke at the seat of the highest court and washed over everything. "The problem is not a mistake, that mistake is always in favor of the same", wields a magistrate in his message.
The dealer puts pressure
MIGUEL ANGEL Noceda
Noceda
■ The matter did not end there. A popular pressure, which is the only one that has already reacted to the Government's own banking, joined senior judges calling for changes to the Mortgage Law and the police who handled the conscience clause apply to evictions. The big banks had to re-address the issue at another meeting a week later, on Tuesday 13. This time it was a step up in the hierarchy. Alfredo Saenz attended (Deputy Chairman and CEO of Santander), Angel Cano (CEO of BBVA), Angel Ron (President of People) and Josep Oliu (president of Sabadell), along with Miguel Martin.
■ A day later, the Spanish Confederation of Savings Banks (CECA), chaired by Isidro Faine (president, in turn, by CaixaBank), gathered his executive committee and its board with this issue as central and virtually monograph. The boxes, still immersed in these processes of integration and conversion, also stressed the need to clarify the picture and improve the objective criteria to be applied.
■ The pressure from the banks and from the meetings were insistent on Tuesday and Wednesday. Additionally, Emilio Botin had the opportunity to discuss the issue with Minister of Economy, Luis de Guindos, and the governor of the Bank of Spain, Luis Linde, at an international conference of the Santander banking.
■ The heads of banks and had seen that the issue of evictions are inevitably going to throw up. Calls were exchanged at the highest level. We had to move. They believe that the criticism they receive cases of evictions are "unreasonable and wrong", which impacts negatively on their business, much as preach that are delinquent or unpaid only 3% of the nearly seven million mortgages, the balance Live is 931,000 million (August figures), and that most of the 350,000 cases of those who speak the highest court is for cases of second or third homes, garages, stores, warehouses, stalls and markets. ..
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