short wings Justice banks - Ventadepisos.com 
Consumers have standing foot to banks in real estate practices to have the support of judges who judged their cases:
1 .- The floor in exchange for debt: The Second Section of the Court of Navarre has issued an order in which the bank believes that a flat back mortgaged property is sufficient to pay off the debt but the house has lost value because of the crisis.
2 .- The debt is repaid when the debtor has no assets: The Commercial Court No. 3 Barcelona
considered settled debts that still maintained with banks and other creditors to a couple retirees in bankruptcy (insolvency old), after that it was unable to cover all payments from the sale of your home.
3 .- Non rounded up in mortgage interest: The Supreme Court has confirmed the unfairness of the clause to round up the variable interest rate mortgages for a bank, so that this entity should customers return to them the amounts collected in excess.
1 .- The floor in exchange for debt: Fitch, the risk rating agency, has warned of the significant impact that would have the order of Navarra, even "isolated", if ratified in resources . In Spain, since the crisis began, there have been about 300,000 foreclosures. Unions, consumers and IU games and CiU have asked the Government to change the law to end these mortgage homeless, a possibility that the housing minister, José Blanco, refused to study "under any circumstances." As indicated in La Vanguardia, the AEB believes that this change "would make credit scarcer and more expensive," and to avoid risks that institutions would lower the percentage of the price and financing rates would rise.
the outset, the bank affected by the order of Navarre has called for the annulment of the car at the hearing itself because the arguments of the room "are unreasonable or arbitrary in the legal and technical sense." Pedro Hernández del Olmo, a lawyer and community expert, has collected on his blog an analysis of this self
:
"The Board based its decision, in my view, invoking the justice
understood in its most sublime and transcendent meaning, with an impeccable syllogism:
I. - We are in a situation
unprecedented economic crisis since the Great Depression of 1929 II .- This crisis is rooted in precise cause or
na , which is none other than the mismanagement of the financial system that players are banks. This does not say this Chamber, but has been declared by the English Prime Minister, by the various political leaders of this country, economic experts and world leaders, starting with the President of the United States. III .- The Bank performer, without saying by this that is causing the economic crisis, can not ignore its status as financial institution and therefore a member of the financial system, whose mismanagement has led to this situation.
Moreover, the decision of the Hearing is to think in the sense that he rejected the request
Bank shall not constitute an abuse of right, but is morally reprehensible alleged attempt to continued implementation loss value of the property that served as collateral for the loan, which had not been granted had not had sufficient value to secure the loan, which was set by the bank performing now, or at least accepted, with the loss of value directly attributable to the financial crisis, the result of malpractice the financial system. In conclusion it is appropriate to make two considerations on the subject:
First Auto we are discussing is, in itself,
final, so the Bank can only have recourse to the Tribunal under Invoking constitutional violation and stating that the English Constitution.
Secondly doctrine
contained herein is directly applicable only to the case trial, notwithstanding that in comparable circumstances may be invoked by those who deem it appropriate. "
2 .- Debt is paid when the debtor has no assets The Commercial Court No. 3 of Barcelona has been considered settled debts that still maintained with banks and other creditors to a retired couple in bankruptcy (old suspension payments), after not succeed cover all payments from the sale of your home. The car, which has become final because he has not been appealed, is the first known in Spain that prevents creditors may still require a lifetime to insolvent individuals paying outstanding debts, when they have no assets to dispose .
The car looks for a couple of retirees, which entered into bankruptcy in 2007 and could not agree a payment plan, so they had to liquidate their assets. So, returned their subsidized housing, allowing them to pay the mortgage and 45.9% of 108,287.87 euros to be mostly deferred expenses and credit card instruments payment of large areas. The judge said that if they were ordered to starvation or the good will of others or the state, "would still take two years to pay off the outstanding debt in full by allocating joint pension, which amounts to 2371.46 per month. With their pensions have to pay now renting the house they lost, so if they were allowed to keep the minimum wage equivalent to at least be seized, it would take as little 13 years pay EUR 58,692 outstanding. The order interprets the outstanding debts must be extinguished "once they have exhausted all avenues" that includes the Insolvency Act (the that applies to corporate and individual competitions) to satisfy creditors, such as the sale of goods. In this case, took into account that the pair of pensioners "are liable for good faith, accidental debtors have been forced into an unwanted situation of ultimate insolvency, it can not be penalized by the conversion of the competition in a purgatory" .
therefore believes that the decision to terminate the outstanding debts can "give a reasonable solution to situations of over-indebtedness of individuals in good faith enabling mechanisms to give these debtors a second chance he will not devote itself to a social exclusion. " It also justifies that this solution also connects with the observations that the EU makes the problems of over-indebtedness of consumers, access to credit and the right to charge the debtor in good faith to rebuild its economic life. " The English Civil Code, unlike other European law requires that the debtor must meet its obligations to its creditors "with all its assets, present and future", which allows for life to pursue individuals delinquent.
3 .- Prohibited rounded up in the interests of the mortgage The Supreme Court has confirmed unfairness of the clause to round up the variable interest rate mortgages for a bank, so that this entity should return to its customers the amounts they have collected in excess. The judges of the Civil Division of the High Court thus dismissed the appeal submitted by the authority against the decision of the Audiencia Provincial de Barcelona which gave reason to a consumer association, demanding that the clause be declared invalid. This clause allowed the box above rounding "the upper quarter point", referring to the interest rate is taken as the basis for annual reviews of interest applicable to mortgage and any other similar. "
The Supreme Court thus confirmed a ruling issued in November 2010 on the unfairness of rounding up, which said that a stipulation is "not individually negotiated that, contrary to the requirements of the good faith, caused, to the detriment of consumers, a significant imbalance of rights and obligations between the client and the entity
