This conference is aimed at . practicing professionals from alllegal fields and students of the Faculty of Law of the University of Granada, have aroused much interest among the attendees, taking into account the latest judgments relating to interest for late payment, unfair terms, etc. that have modified the sector, giving rise to new ways of reclaiming the Mortgage Loans through other procedural alternatives other than the classic Foreclosure, specifically the declaratory procedure.
Luis Sanchez began his presentation by recalling the latest resolutions that have been made in the area of Mortgage loans: “As a result of several rulings by the Court of Justice of the European Union relating to the declaration of certain financial covenants as abusive (interest on late payment, early maturity, etc.) connected to Directive 93/13 of 5 April, as well as the question referred for a preliminary ruling by the Supreme Court of February 8, 2017, there has been a judicial stay on the mortgage proceedings of financial institutions in Spain”.
The Commercial Director of the firm’s Granada office continued his presentation by explaining the consequences of the new Standards all this led to the search for alternatives for the development of a new The ordinary declaratory proceeding, although it is an ordinary proceeding, is the only way to claim the credits in default, and therefore the ordinary declaratory proceeding, although it is an ordinary proceeding, is the only way to claim the credits in default, prima facie, an orthodox option, since the specific mortgage route exists, it certainly admits its exercise recognized by the jurisprudence”.
“And in furtherance of that procedure, he detailed. Luis Sanchez, various procedural questions arise, especially at the time of the execution of the judgment. to tie it to the mortgage guarantee. by means of an annotation of attachment of the ordinary execution. In this regard, the Directorate General of Registries and Notaries has ruled in some resolutions of 2018 regarding the annotation of seizure by execution of judicial and non-judicial titles”.
At the end of his lecture, Luis Sánchez The imaginative reality has been left in an impasse,” he said.
impasse
as a consequence of the Judgment of the Court of Justice of the European Union of 26 March 2019 (As. Abanca) in response to the preliminary question of the Supreme Court (integration of national law) and above all the forthcoming entry into force of the Law 5/2019, of March 15, regulating the real estate credit contracts”.
“We will have to be attentive to the new legal issues. that will be presented in foreclosures in light of this new Rule…”.
Presentation of the conference: “Other forms of mortgage credit claims: the ordinary procedure”.
Recent Comments