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...]

Floor clauses. How the fight is going

PLease enjoy this post written by one of the Law Fim´s legal assistants, Manuel Guerrero: THE WAR OF THE “FLOOR CLAUSES” by Manuel Guerrero Since last May 9, when the Spanish Supreme Court condemned three Spanish banks to withdraw from all their mortgage contracts the so-called "floor clauses … [Read more...]

International Funds for people in Spain

International Investment Funds are coming back to Spain  to buy bargain properties. Mainly  owned by Sareb ( the Bad Bank). More than 800 million of euros have been spent by this international investors in Bank-owned-bargain properties during the last 15 days. A good oxygen for....... … [Read more...]

Crowd studying against illegal mortgages in Spain

We, at CostaLuz-De Castro are starting serious study of cases where mortgages were granted by a Bank on houses with no Licenses. Either Work or First Occupation License. We want to study and analyse the degree of liability of Banks, but also of Notaries and convenyancing lawyers on this … [Read more...]

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