スペインのGIRONA県の住宅ローン被害者協会は、住宅ローン不払いによる立ち退きの前段階の競売の停止を要求
La PAH exige frenar la subasta del piso de una familia tras la sentencia europea
Un juzgado de Girona lo deniega porque los afectados no presentaron un recurso contra la decisión judicial
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312 lanzamientos al día desde 2008
Antía Castedo Barcelona 15 MAR 2013 - 17:49 CET
The PAH demands halt the auction floor of a family after European ruling
A Girona court denied because it affected not filed an appeal against the court decision
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312 shots a day since 2008
Castedo Antía Barcelona 15 MAR 2013 - 17:49 CET
The Court of Justice of the EU has given a tool to Spanish judges to prevent evictions and Platform of People Affected by Mortgages (PAH) wants to start applying now. Members of Girona PAH have tried this morning to suspend the auction of a floor (step before eviction) for non-payment of the mortgage in court citing the known European ruling Thursday, but have met with the refusal of the court clerk in charge the case. "We have said that if the person concerned had not appealed can not stop the auction," said Marta Outside spokesman platform.
The PAH believes that "the foreclosure proceedings ongoing trade should be paralyzed and immediately" after the court's ruling, which allows judges to suspend an eviction while evaluating whether the terms of a mortgage are abusive, which until now they could do. With the failure of the head, the members of the platform in Girona have erupted this morning in the courtroom of the court that conducted the auction floor Tanja Mohammed, his wife and two children aged 3 and 5 years, to try to stop it . The action of activists has led to the intervention of the Mossos d'Esquadra, have them thrown out of the room.
The family of Gambian origin, who lives in Salt (Girona) - a municipality with high rates of immigration and unemployment, bought the apartment in 2003 for 125,000 euros and stopped paying the mortgage, contracted with Bankia, about a year ago ½. The husband is unemployed and she suffers a disability that prevents you from working. The bank is left with the floor of the family today for 60% of its value.
The clerk of the magistrate court number 5 in Girona has refused to halt the auction because the person concerned has not submitted any resources to stop the foreclosure process. The same interpretation has made the chief judge of Girona, Hugo Novales. "Judges can not act on its own, it must be the debtor's attorney who asks," said Novales. One possibility is to file a civil lawsuit would be subject to the payment of court fees, according to the chief judge.
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The PAH does not share this interpretation and thought to have been involved in a "defenseless" during the process, which would have allowed the judge to suspend the auction floor under the new scenario that has opened the European ruling. The European court ruling is immediately applicable. "Have not had a lawyer late into execution, and also this has not been presented today," said Outside. According to members of the platform, most mortgages signed before the crisis had clauses that can be considered abusive.
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