foreclosure Tag

Costa Luz Lawyers > Posts tagged "foreclosure"

September 2019: A new ruling by Spain’s Supreme Court on foreclosure

signing new law spain

What has the Supreme Court said about foreclosure processes in its Judgment of September 11, 2011? In its judgment, STS463 / 2019 of September 11, the High Court establishes the criteria to be followed in these cases, once the question raised by the Court of Justice of the European Union (CJEU) has been resolved. The Supreme Court rejects the automatic filing of the procedure and makes it possible to replace the abusive clause with the legal provision that regulates the anticipated maturity, or, in other words, the minimum terms that the creditor must respect to execute the mortgage. What are the minimum...

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Help in foreclosure procedures

The Advocate General of the Court of Justice of the European Union (CJEU) has recently issued his expert conclusion on five questions referred by different Spanish Courts, the Supreme Court among others, in regards to early maturity clause contained in mortgage contracts. What is an early maturity clause? It is a clause by which Bank can claim the whole debt just after a minor default (one installment) by the mortgage debtor What did Spanish Courts ask the European Court? In an scenario where a foreclosure procedure was started after many unpaid mortgage installments BUT based on the existence of a clause on the mortgage...

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