スペインの銀行や信用金庫は、住宅ローンの不正な場合には立ち退き執行の停止を裁判官が実行できることに対し、不正な契約とは具体的にはどういうことなのか明確にしてほしいと要求
La banca quiere fijar lo que es “abusivo”
El sector teme que se eleve la litigiosidad por los distintos criterios de los jueces
Íñigo de Barrón Madrid 14 MAR 2013 - 22:39 CET
The bank wants to fix what is "abusive"
The industry fears that raising the litigation by individual judges criteria
Barron Íñigo Madrid 14 MAR 2013 - 22:39 CET
Banks and old boxes on Thursday reacted cautiously to the judgment of the Court of Justice of the EU to the view that the foreclosure process should stop in Spain if a judge believes there are unfair.
The Spanish Confederation of Savings Banks (CECA) said the European ruling is "a contribution to the improvement" of the national mortgage legislation. The ECSC also expressed its willingness to work "loyally" with the government and parliamentary groups in the design and implementation of policy reforms that allow an application "reasonable" that judgment. Finally, he recalled that his associates have already launched programs "to mitigate the effects that foreclosures can lead to the most vulnerable."
The European court allows judges to stop predatory evictionsRajoy: "We will honor the judgment, the law dates back many years"The lack of reflexes of bankingAffected by Mortgage urges judges to apply the European rulingMohamed Aziz: "We won the weakest"The ruling set the standard in the EUKey opposition to a lawJudgment of Luxembourg
The Spanish Banking Association (AEB) was much more terse and cryptic. One said he considered the sentence "reasonable and constructive." In a statement, the bank bosses added that "from now on, it is meet that opinion and interpret it in the same line." Clearly, there are risks to consider your application.
It is customary, officially, the sector does not seek confrontation, but privately some executives expressed their fear entities that install "legal uncertainty if each judge can decide when a clause is abusive or not." The AEB and CECA will be responsible for negotiating with the government and political forces to realize full details. The House of Representatives has been extended until March 21 the deadline for amendments to the draft law Mortgagors and which will be discussed in parallel with the popular legislative initiative presented by the platform against evictions.
The financial sector will suffer fears disrepute by this judgment and that each judge to apply a different standard in the mortgage, which will greatly increase the litigation. "The best thing would be to define a quantity that can be applied and that is transferred to contracts. This would allow legal certainty exists for both parties, "explained from a large bank. However, there are many who believe that from now on is going to lengthen the proceedings in case of default on mortgages. The most positive thing for the industry is that "payment in kind is not at issue. The Government has guaranteed. Another thing is retroactive or not those harmed by unfair ", pointing to a bank fear that comes from an old box.
Specify what is "abuse" will not be easy. A banker recalls that on 13 February met the judges of the Provincial Court of Madrid to try to determine what the default interest was unreasonable to apply. At the end of the meeting, they were unable to specify an exact figure.
The Association of Property Registrars provided another solution: yesterday asked officials lead independent entities "preventive checks" to detect unfair terms on mortgages. These preventive controls were eliminated with the reform of the Mortgage Act of 2007, remember.
More of an entity allows for errors to have reached this situation by a lack of control in which each bank demanded what he saw fit, convinced that the law was on their side and reached abuse. "There is no doubt that the judgment will rebalance the relationship between customers and institutions," says a senior executive.
The lack of reflexes sector has caused all the improvements in mortgage regulations have come upon the initiative of the parties, mainly ICV, popular associations or the PP government.
The Government announced in January, in the discussion of the law for the protection of mortgagors, borders: "The default interest shall be limited to three times the legal interest" and "is extended from one to three the number of defaults that let you start the procedure for claiming debts ". It also means that when starting up a foreclosure, the judge can soften the conditions of the customer.
The financial sector has not joined or taken the banner of reform legislation that became obsolete and abusive. Now suffer a new blow to its reputation and devalued.
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