スペインの不当な限度を越えた住宅ローン法律の改正後は、どうなる?
¿Y ahora qué ocurre con los desahucios?
Los afectados por procedimientos hipotecarios tienen, desde ayer una nueva arma
De la sentencia del Tribunal de Justicia de la UE se derivan distintas posibilidades
Luis Doncel / Mónica Ceberio Belaza Bruselas / Madrid 15 MAR 2013 - 16:16 CET
Now what happens with evictions?
Those affected by mortgage procedures have since yesterday a new weapon
The judgment of the Court of Justice of the EU possibilities arising
Luis Doncel / Monica Ceberio Belaza Brussels / Madrid 15 MAR 2013 - 16:16 CET
Tears of the activists who have spent years fighting for the rights of the homeless, government announcements of impending amendment of the law, praise from institutions like the European Commission and the European Parliament and nerves in the financial sector. The ruling yesterday by the Court of Justice of the EU to outlaw the Spanish standard execution of loan has upset the Spanish mortgage system. But what will have specific consequences for each of those affected?
1. How does the judgment of judges?
All national judges EU member countries must take this into account from today and follow criteria when offering to interpret a clause is abusive mortgage on the early termination of long-term contracts, the fixing of the interest default and liquidity covenant. Moreover, the Spanish judges, since the judgment, as a precautionary measure may suspend execution processes consumer mortgage loans when invoked, in parallel proceedings, the existence of unfair terms.
2. And what are the consequences for the Government?
Formally not required, but de facto the executive has no other choice but to reform the law. The Vice President today announced changes in the law with regard to mortgage default interest. Soraya Saenz de Santamaria also said it will take three unpaid to proceed with the foreclosure. With these changes, the Government is adopting the standard to the European directive of 1993 consumer protection, which, according to the Court of Luxembourg, is incompatible with the current regulations. Seize this reform to the mortgage law that is pending in Congress.
3. Is it enough to this reform?
No. The failure of Luxembourg does not specify what laws need to be changed, but the rule against an eviction paralyze a precautionary measure is included in the Civil Procedure Act, adopted by the government of José María Aznar in 2000, not in the mortgage law , adopted in 1881 and amended in 1956. It seems like the latter to which he referred when Rajoy yesterday said the government would change a law "that dates back many years."
4. Will they stop all evictions?
Luxembourg says that judges who are ruling on the existence of unfair terms in a loan contract should be able to paralyze a precautionary measure the implementation process, something that has not happened. So while the judge decides whether the contract terms are unfair or not, the city will not lose your home.
5. What clauses are deemed unfair?
The ruling does not specify, but gives some indications that Spanish judges should follow in his analysis of the contract. On early termination, the court must consider whether the debtor has failed to fulfill an obligation "essential." On the default interest should be compared with the market, and verify that they are not abusive. This opens up a wide margin of interpretation for the court. It is unclear, for example, if the clauses floor very common in recent years, and according to which the consumer does not benefit from the Euribor drops from a certain level, are abusive or not. Each judge shall determine.
6. If I am in the process of implementation, what should I do?
May request the stay of eviction in parallel proceedings invoking the existence of an unfair term in the loan. Until now I could do, but that does not paralyzed foreclosure. If the judge gave him reason, in most cases the verdict came when the family had lost their house and there was no going back.
7. What if I already have run the house?
May request a higher amount of hitherto entitled. Some legal experts also point out that opens the door to reverse the eviction and restore the house. "All who have lost their homes and consider having a contract can claim unfair. And if the court gives them a reason there are only two ways: either undo what has been done and restore the property or pay compensation. The government has to change the law as quickly as possible the law or this will be a legal chaos, "says José Ignacio Navas Olóriz notary.
8. How many people have lost their homes for non-payment of the mortgage?
The data are very confusing. The only agency with statistics is the judiciary, which does not distinguish between families who lose their residence, evictions of summer homes or even garage. According to these data, between 2008 and 2012 were resolved 252,000 foreclosures and began the process of 415,000. The Government considers these disproportionate numbers. A few months ago, the Ministry of Finance estimated that the number of families who have lost their primary residence in the past four years would range from 4,000 to 15,000, but did not explain how this figure was calculated.
今何が立ち退きとどうなりますか?
住宅ローンの手続きによって影響を受ける人々は昨日から新しい武器を持っている
生じたEUの可能性の裁判所の判断に
ルイスDoncel/モニカCeberio Belazaブリュッセル/マドリード15 MAR 2013 - 16時16分CET
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