スペインでの銀行による不合理な住宅ローン未払いによる住宅差押、立ち退きを停止するためには、15日以内に不合理な契約だと裁判所に訴えなければならない。
CRISIS DESAHUCIOS
Quedan 15 días para reclamar por cláusulas abusivas y evitar el desahucio
EFE Economía Madrid 25 MAY 2013 - 11:23 CET
CRISIS Evictions
Have 15 days to claim for unfair terms and avoid foreclosure
Economy EFE Madrid 25 MAY 2013 - 11:23 CET
Mortgage holders who are engaged in a process of eviction have a period of only 15 days to stop if allege in court that the contract you signed with your company included a clause considered abusive and Judge decides in your favor.
Provisions in the law antidesahucios, published in the Official Gazette on May 15, gave these people a month period since its entry into force to present their arguments, but only if the process had already begun, while those who signed a mortgage from now are not subject to any time limit.
But according to the new law, the latter also have the protection of the notaries, who are obliged to report any abusive clause in a mortgage that observed at the time of the signing of the deed of ownership.
With this objective, the document should include a paragraph stating that the notary has reported "detail" to the mortgage holders of all clauses in the same, especially those that may pose a risk to them.
To be responsible for the Platform of People Affected by the Mortgage, Ada Colau, said Spanish law "clearly makes a restrictive reading" of European regulations, which, he said, no deadline is set to present these arguments to the judge, so they ask the judges to "not accept this limitation."
Speaking to EFE, Colau also announced that the Platform will hang this weekend on its website a letter to collect all available information on this issue, explained in an educational and simple to reach worldwide.
According to the representative of this group, "many" lawyers believe the law antidesahucios "is illegal" to establish these limits, which in his opinion, cause "defenseless and extremely vulnerable" to groups and very mistreated.
He recalled, in 2012 there were only 40,000 foreclosures a first home, equivalent to more than a hundred a day, figures provided recently by the Association of Registrars of Property and the Bank of Spain.
For his part, counsel Mary Help Blazquez, of IURE Association, recommended that affected their mortgage contracts with a lawyer as soon as possible to tell them if they include any of these terms and to act accordingly.
Blazquez also stressed the importance of requiring notaries to warn of potential risks in the public deed showing itself hiring a mortgage loan for the purchase of a residence.
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