A new court for abusive mortgages

The last great judicial battle between consumers and the banks in the Courts will be released in the number of 12 of the Gran Via in Madrid, where the old Registry of the Madrid Agency for Adult Guardianship will go to better life to house the “Court 101 Bis “in charge of judging the abusive clauses present in thousands of Mortgages.

The collapse planned in the court previously ordered the ground clauses, anticipated the start of this new court of first instance, which will join the other 54 who have also opened, in unison, its doors. All this managed by a practicing judge fresh out of the Barcelona training school, two judicial lawyers and ten temporary officials.

The commission has the function of collecting and evaluating all information provided by the Bank of Spain, obtained in turn from credit institutions. The entities themselves must submit the number of applications submitted, indicating which of them have ended with an agreement between the parties and those that have not, as well as the reasons why the request was rejected; The amount corresponding to the applications submitted; The number and amount of countervailing measures other than the refund which they have offered to consumers; And the system implemented by each credit institution to ensure prior communication to those affected.

The first disagreements have come from consumer organizations and users who nevertheless see large deficits in the creation of the commission that they call “simple chimera” and “absurd”.

It is true that the delay in the creation of the commission caused many of the first complaints to have no legal cover or who to claim, but the truth is that after a thorough study the government has provided a judicial framework to solve each Of replicates by consumers.

The negative points are found in the expansion of the times required to solve each case, since this commission is born collapsed from the beginning, since about 80,000 claims are expected on unfair terms, according to the calculations delivered by CSIF.
If we make a small calculation, there should be a court for every 1,000 lawsuits. That is, only in the Community of Madrid should there be 80 specialized courts on the subject of unfair terms, another large number of judges and about 1,000 officials.

It is not ruled out, given the situation and the large number of demands, that the government strengthen the courts with a greater number of professionals. Everything will depend on whether the plan established in the monthly review of the workload together with the Ministry of Interior and Autonomous Communities is carried out.

What is certain is that all this will be a good opportunity to demonstrate the capacity of the Judicial Career in relation to the legal security of the law before the citizens.
La Clau Group
By | 2017-06-21T11:19:28+00:00 June 21st, 2017|Consultas inmobiliarias, jurídicas, arquitectura, decoración…, Curiosidades inmobiliarias|Comments Off on A new court for abusive mortgages

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