For the first time in Spain, a decision that supports the delivery of the keys to the house completely pay off the outstanding mortgage debt with a financial institution. A decision that goes against the procedure the entire banking and mortgage legislation English, which requires the debtor to respond to the house and all its assets to address the latest euro loan.
The order, issued last December by the Audiencia Provincial de Navarra, which yesterday reported El Periódico de Catalunya, is firm and sets an important precedent. BBVA prevents the debt continue to demand his client, a neighbor, Estella (Navarra), after winning on auction your home for 50% of the appraised value as consent Article 671 of the Code of Civil Procedure (LEC .)
BBVA will present appeal was filed before the Supreme Court prior to the defense before the Constitutional Court because it considers that the order is against the Law of Civil Procedure and the Mortgage Law and is distinguished from the doctrine of the Supreme.
The institution submits that the auction house and it won by 42,895 euros is worth less than that once you set the appraisal price (75,900 euros) and it is not enough to satisfy the total debt amount 71,225 euros . So claims the seized 28,129 euros plus 8,438 euros of interest, costs and expenses.
The order of the Audiencia Provincial de Navarra, which ratifies the decision of the Court of First Instance of Estella, debunks the use of BBVA.
The judge also reminded himself that it was bank which held that sobretasación (home assessed at an amount greater than the loan amount) at the time of housing boom.
Source: El País (27-01-2011)
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