欧州議会は、住宅ローンの支払い不能の家族への借金の返済の再交渉や、住宅(引き換え)返還による住宅ローン借金の帳消しを、スペイン政府に要求。
Estrasburgo pide dación en pago o renegociación para familias en quiebra
Los países deben impedir que los desahuciados tengan que devolver la deuda, según la Eurocámara
Luis Doncel 10 JUN 2013 - 14:01 CET
Payment in Strasbourg asking family or renegotiation in bankruptcy
Countries should prevent the homeless have to repay the debt, according to the Parliament
Luis Doncel 10 JUN 2013 - 14:01 CET
The blows to the Spanish government mortgage policy from the European Parliament and other institutions seem endless. Last week was the European Citizen Prize Award 2013 for the Platform of People Affected by Mortgages (PAH). The slap on the wrist is now a housing report that the full House is expected to approve today. The document, which won the yes of the Committee on Employment and Social Affairs of the Parliament in April, includes a series of recommendations, which include a request that European legislation "include the renegotiation of debt or payment in kind [that the delivery of the mortgaged property sufficient to pay the debt] to the debtor or bankrupt families. "
This document has no legal implications, but a strong policy in countries such as Spain, which in recent years tens of thousands of families have lost their homes for nonpayment. Many of those evicted are debiting of the amount requested from the bank. And, thinking of this group, the report calls on Member States "to prevent the evicted families continue to have to repay their mortgage loans."
The award of the Parliament to the PAH and aroused the fury of PP - "Today was Ada Colau, tomorrow may reward Arnaldo Otegi" came to mean MEP Carlos Iturgaiz-, demanding to revoke the award to an organization that claim payment in retroactively for debtors who have lost their habitual residence.
moreEuropean Parliament awards the PAH for their rightsOutrage in Spanish PP by the European award for PAH
The plenary of the Parliament will vote tomorrow the document drafted by French MEP Karima Delli environmentalist. The most controversial section, added the proposal of the Spanish Socialist Alejandro Cercas, calls on the Commission and Member States to "address the social drama solution posed by the loss of housing for those most affected by the crisis and unemployment." The text also states that evictions "were occurring in a context of large public aid sanitation European financial system."
This initiative of the Parliament comes several weeks after the European Central Bank asked the Spanish Government "a set of wider measures to tackle the underlying causes of the difficulties associated with mortgages and try to avoid, insofar as possible, foreclosures. "
But the biggest blow to the mortgage law came last March, when the Court of Justice of the EU ruled that Spanish law the European directive violated consumer protection, mandatory for all Member States. This step opened the door to any Spanish judge to halt an eviction as a precautionary measure to see if there are unfair.
The European Parliament will approve this report after agreeing with the other European institutions to take out a mortgage directive ensures more favorable conditions for borrowers in cases of prepayment and foreclosure. This new rule that States must move their national legislation provides for the payment in kind provided debtor and creditor agree. But this aspect will have little impact on Spain, where legislation already provides for that possibility, provided if prior agreement.
Organizations such as the PAH ask that in lieu of payment is applied retroactively, something that is against the government for damages cause to the bench. The new European directive is silent on this possibility in particular.
Experts like José García Montalvo also have reservations with retroactive payment in general. This professor of Economics at Pompeu Fabra believes that, if approved, any buyer to see that your floor has lost value could return it to the bank, and would generate losses in the financial system should ultimately be compensated with public money. "It would be just a law of second chances, which saw judge case by case basis when to make debt restructurings," says Garcia Montalvo.
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