スペインのカナリあ諸島のLanzaroteの裁判官は、住宅ローンの不払いによる立ち退きを、欧州連合裁判所の判断で、不当な契約として、立ち退き処分の執行停止に
Un juez de Lanzarote para un desahucio tras la sentencia del Tribunal de la UE
La Plataforma de Afectados por la Hipoteca redacta un escrito para detener los lanzamientos
También quieren que las personas ya desalojadas recuperen su casa o sean indemnizadas
El tribunal de la UE otorga poder a los jueces para frenar desahucios
Txema Santana Las Palmas 17 MAR 2013 - 01:10 CET
A judge in Lanzarote for an eviction following the judgment of the EU Court
The Platform of People Affected by Mortgage writes a letter to stop the launches
They also want people evicted and recover your home or receive compensation
The EU court empowers judges to halt evictions
Txema Santana Las Palmas 17 MAR 2013 - 01:10 CET
The judgment of the Court of Justice of the European Union (CJEU) which allows paralyze housing evictions when mortgages contain unfair terms and first results. A judge on Friday halted Lanzarote in extremis the eviction of a house in the town of Puerto del Carmen, after the property owner's attorney invoked the judgment of the court of Luxembourg. The launch was to take place on Friday at 10.30. Just half an hour before, at 9.05, the lawyer José Manuel Sanchis recorded in a written court requesting the stay of eviction. Only 25 minutes later, the judge decreed the admissibility of the appeal and suspended the eviction of housing Alberto Antunes, 31.
"We now have an option to discuss and defend ourselves," said the lawyer. Alberto Antunes your mortgage contract in 2006 with the Savings Bank of the Mediterranean (CAM), now included in Sabadell. The loan of 136,000 euros, had a repayment period of 36 years until 2042. However, in 2009, the owner became unemployed. After failing to deal with five installments of 420 euros, the company began the process of expropriation. Antuña some time, once known it was going to be evicted, he went to his parents' house.
According to counsel, the agreement signed by the client to the CAM included unfair terms relating to default interest on arrears, which amounted to 25%. It explains Sanchís after defaults, the bank "did not agree to negotiate at any time and directly filed suit" eviction.
Counsel acknowledged that he was surprised how quickly the court acted after presenting the letter. "Now the next step is to know what you think and whether the bank will negotiate or not," said Sanchis.
For next Wednesday's planned eviction in another neighborhood, Gran Canaria. The financial institution is Bankia, which is also the former Caja Insular de Canarias Savings. Isabel Saavedra, Stop Evictions attorney, on Friday filed a brief in calling for the suspension of the eviction. Saavedra also invoked the judgment of the European Court of Justice.
On Friday, after learning of the ruling, the Government announced changes to the Mortgage Law, in order, among other things, to start the eviction process whenever three defaults have occurred and not one, as happens now. Also be limited default interest.
"The announced reform is a pure work of makeup. Maintains a clear imbalance between users and banking; does not fix anything, "Saavedra considered. The Canary Islands have occurred since 2008 more than 30,000 evictions for non-payment of mortgages, according to official data. Lawyers for the Platform of People Affected by Mortgages (PAH) from all over Spain gathered in Madrid yesterday to draft a letter so they can paralyze derivatives foreclosures releases and even get people who have been evicted can recover their housing or receive compensation.
Erratum
In this story erroneously reported that CAM is integrated in Bankia, when in fact it belongs to Sabadell; bug that has been fixed at one in the morning on Sunday.
0 件のコメント:
コメントを投稿