The Supreme Court in Spain changes its criteria in relation to consumer agreements

The Supreme Court in Spain has changed its criteria in relation to consumer agreements, provided that it is proven by the Bank that the client was able to know the economic and legal consequences of its acceptance. In a ground clause case in which bank and client reached an agreement in order to … [Read more...]

Abusive Clauses – Specialised Courts in Spain almost 100% in favour of consumers

According to the National Commission of Judicial Statistics, of our General Council of Judicial Power, 98.3 percent of the 9,000+ Court Decisions issued in 2017 by courts specialised in abusive clauses were favourable to the consumer. 98.3 percent of the 9,326 Decisions passed last year by the … [Read more...]

Off-plan property case won by CostaLuz Lawyers-DeCastro for a property in ‘Calas del Pinar’ from the developer Peinsa 97 SL

Case won by Costaluz Lawyers-DeCastro in Peinsa 97, SL development “Complejo residential Calas del Pinar”, Pulpí, Almeria. Banco Santander S.A, has been condemned to return to the claimant € 103,493.54 plus the legal interest ( 4%-5% annual) from the dates payments were made to Peinsa. The Bank … [Read more...]

Spain’s Supreme Court bringing questions before Europe on IRPH index

Last December 2017, the Supreme Court in Spain declared that material transparency control of the IRPH clause was not due as this was a legal index. The sentence, naturally, received harsh criticism and raised doubts about its compliance to the doctrine of the European Union regarding the control … [Read more...]

Spain’s IRPH Mortgages to be revised by Europe?

Clients with mortgages linked to the IRPH index in Spain aim to refer their case to the European courts. They have been encouraged by the vote of two Supreme Court Magistrates who believe that the clause does not meet the required transparency control. On November 22, Spain’s Supreme Court ruled … [Read more...]

Spain’s Supreme Court applies law 57/68 to urban illegalities

In a recent judgment dated 12th September 2016, the Supreme Court states that if either nullity or cancellation of the contract of sale of illegal housing is requested, Law 57/68 and its entire body of doctrine apply. Due to the masterful interpretation recently being applied to Law 57/68 cases … [Read more...]

Nullity of mortgages on illegal properties

A thinking after finding some excellent Court Decisions by Appeal Courts (Burgos is always great on protecting consumers rights of off plan buyers): Nullity of sale due to lack of consent by the buyer as he did not know or knew wrongly on important features of the property BRINGS ATTCHED the … [Read more...]

Are you paying a Spanish mortgage on a property with no licence?

Do you have a Spanish Mortgage on a Property with no licence? Valuators should have never given those properties the high value they did. Finances Department in Spain, passed a regulation in 2003 which established these checks as minimums: Article 7 Minimum Checks 1. To determine the … [Read more...]

Mortgage Default Assistance

Are you struggling to pay a super-mortgage on a house for which the initial valuation was highly-inflated? Is the Bank not listening to you? Is your pension not enough to cover such an expensive mortgage? Do you feel that you cannot keep living this way? Is the situation destroying your … [Read more...]

Illegal mortgaging

  As being knowingly granted by the Bank to  someone who is not the holder of all ownership rights on the house.  Of course to someone who is a debtor of the Bank and therefore, Bank gets  financially benefitted by the illegal granting. No surprise!   Banks taking advantage of the fact … [Read more...]

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