スペイン与党の国民党の住宅ローン法改正案
El PP no admite la dación en pago de la casa pero rebaja la deuda y el plazo
Los deudores podrán abonar el 65% pendiente en cinco años o el 80% en diez
DESCARGABLE Las enmiendas del PP a la ILP
Anabel Díez Madrid 26 MAR 2013 - 23:37 CET
The PP does not support the foreclosed house but debt downgrade and the term
Debtors may pay the outstanding 65% in five years or 80% over ten
PP DOWNLOADABLE Amendments to the ILP
Anabel Diez Madrid 26 MAR 2013 - 23:37 CET
The pressure of the Platform of People Affected by the Mortgage and the judgment of the European Court, declaring abusive mortgage law, runs the amendments that the Popular Party has filed a Popular Legislative Initiative (ILP) and the government decree on mortgages and evictions. It follows the letter of the initiative, and that does not include the payment in kind, but more flexible payment criteria substantial reductions (remove between 35% and 20% of the outstanding debt) and the deadline to pay. Thus, in the Civil Procedure Law, Article 579, add new paragraphs on delivery or giving of the house because they can not pay the debt.
"The executed shall be released if he pays, within five years, 65% of the amount that will be outstanding, increased only in the legal interest to date of payment." And another possibility: "It will be released in the same terms if it can satisfy the above, would satisfy the 80% within 10 years."
The amendment means that the house for which you have the mortgage can be evicted and auctioned. If after losing housing, mortgage debt, for example, of 100,000 euros and the money from the auction floor is 90,000 euros, the debtor will have to pay 65% of the remaining $ 10,000 (ie, 6,500 euros) plus legal interest of money in five years or 80% (8,000 euros over the same interests) in 10 years. And just so it is settled and extinguished the debt with the bank. That obviously is not foreclosed claiming PAH.
The amendments introduced by the PP exclude retroactive payment in kind, as claimed by the collective affected by mortgages. This means that the thousands of people who have lost their homes until the adoption of this law will benefit from the new version and will have to continue to address the debt.
These conditions are also covered by the guarantors and the bank will not claim until three defaults have occurred, which need not be consecutive. The halt evictions and social rent will be achieved in the case of the usual residence of the run and after the loan default is due to reasons beyond their control. This stoppage will be for those families whose income does not exceed three times the indicator Public Multiple Effect Income (IPREM), set in 2013 at 532.51 euros per month. This limit will be four times the minimum wage in the case of particularly vulnerable families, especially with the presence of disabilities.
The European Court of Justice provides that a judge can stop execution of eviction if you notice that there has been unfair. Could not paralyze but take it into account for fixing the outstanding debt and deduct the same default interest.
The auction floor will stop if the debtor proves that he went to the judge about abusive mortgage clauses, also a notary can send that stoppage. Government mandates the establishment of a fund's social housing owned banks for people evicted from their residence by default, with rentals "assumable based on income earned." The rest of the group has accepted the ILP although the PSOE and Plural Left have submitted other additional amendments.
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