- The Senate approves this week the bill to strengthen the protection of mortgage debtors, debt restructuring and social rent.
- The judge may assess an abusive clause and decree its inadmissibility.
- The magistrate who raised these clauses before Europe considers that the problem is the victims who can not benefit from the elimination.
The Senate Plenary will debate on Wednesday the law of measures to reinforce the protection of mortgage debtors, debt restructuring and social rent, a norm that will be approved thanks to the majority of the PP. In the parliamentary debate, there were 3 veto proposals – PSOE and Entesa (PSC and ICV) – and 275 amendments, presented by PSOE, CiU, PNV, Entesa and Grupo Mixto. The PP did not admit any.
Among the novelties that have been introduced in the standard during its processing in Congress is, as a result of the recent ruling of the Court of Justice of the European Union, the modification of the executive procedure so that the judge can paralyze executions if it detects abusive clauses.
From now on, ex officio or at the request of a party, the competent judicial body may assess the existence of abusive clauses in the enforcement order and, as a consequence, decree the inadmissibility of the execution or, where appropriate, its continuation without application of those considered abusive.
The text also states that, in order to strengthen the protection of the mortgagor in the extrajudicial sale, the notary may advise the parties if there is any clause that could be considered abusive.
It can be said that in the immediate future the mortgaged will be protected against the “excesses” of the banks, but what about those who have already been harmed? As explained by the head of the Commercial Court 3 of Barcelona, José María Fernández Seijo, in the medium term this type of clauses will be eliminated, but the problem now is the number of victims who will not be able to benefit from this elimination.
The banks abused the citizens and did not sufficiently inform the clauses In an interview in Catalunya Ràdio, the judge who raised the issue of abusive clauses to the European Justice, has ensured that between 2000 and 2009 the banks abused citizenship and not they reported “sufficiently” the type of clauses that would be applied to them, reason why it has considered that all should be annulled.
According to Fernández Seijo, in a month there have been more than 300 claims against the land clauses of the mortgages of the same entity in Barcelona. Even before the Spanish law says so, the magistrate has urged that the judges that detect an abusive clause of interests paralyze and eliminate it, as dictated by the judgment of the Court of Justice of the European Union.
The judge demands a second-chance rule for those mortgaged who can not cope with the debt, in the same way, that most European countries have for more than 30 years, and that allows those affected to return to normal of consumption, after making an effort “.
Changing the mortgage law
Since the PP has resigned to present in the Senate partial amendments to the bill Measures to strengthen the protection of mortgage debtors, debt restructuring and social rent, the rule may be approved definitively this week, without having to pass again for the Congress.
The processing of the law in Congress has lasted for five months, since November 15, 2012, the Government approved the decree law of Protection of Mortgagors that was approved in Congress on April 18.
In addition, the European Union prepares a community directive on mortgage loans with which it seeks to ensure a greater and more effective protection to the mortgagor by eliminating the abusive clauses in the contracts. The future text must still be approved by the full Parliament and by the Member States, which will have two years to incorporate it into their legislation.
- The SenateImage of the interior of the senate. (EUROPA PRESS)”> The Senate