These days, which are aimed at lawyers practicing, professionals of all kinds legal areas and students of the Faculty of Law of the University of Granada, have aroused much interest among attendees, taking into account the latest judgments relating to late payment interest, abusive clauses, etc. that have modified the sector, giving rise to new ways of claiming the Mortgage Loans through other procedural alternatives other than the classic one Foreclosure, specifically the declaratory procedure.
Luis Sánchez He began his presentation by recalling the latest resolutions that have been issued in the field of Mortgage Loans: “Following several rulings by the Court of Justice of the European Union relating to the declaration of certain financial clauses such as abusive (late-payment interest, early payment, etc.) connected with Directive 93/13 of 5 April, as well as the preliminary question referred by the Supreme Court Since February 8, 2017, there has been a judicial stay of proceedings mortgage procedures of financial institutions in Spain.”
He Commercial Director of the office in Granada He continued his presentation by explaining the consequences of the new Rules dictated: “All this led to the search for alternatives to claim credits in arrears, so the ordinary declaratory procedure, despite being, prima facie, an orthodox option, given the specific mortgage option, certainly admits its practice recognized by jurisprudence.”
"And in the development of that procedure, he detailed Luis Sánchez, Various procedural issues arise, especially at the time of execution of the Judgment to be able to tie it to the mortgage guarantee by means of the annotation of the embargo ordinary execution. In this regard, the General Directorate of Registries and Notaries has spoken out in some 2018 resolutions regarding the attachment annotation by execution of judicial and non-judicial titles.”
At the end of his lecture, Luis Sánchez He launched a reflection into the air: “This imaginative reality has been left in a impasse as a result of the Judgment of the Court of Justice of the European Union of March 26, 2019 (As. Abanca) in response to the preliminary question of the Supreme Court (integration of national law) and above all the upcoming 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 the Mortgage Executions in light of this new Rule…”.
Presentation of the conference: "Other forms of mortgage credit claims: the ordinary procedure"
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