Category: Mortgage

Europe declares spanish courts have to control IRPH
The Supreme Court of Justice of the European Union has considered that the Spanish courts of justice should ensure the clear and comprehensible nature of the clauses contained in mortgage agreements that establish the application of a variable interest rate based on the benchmark index of the savings banks (IRPH). Two years after the Barcelona ...

Recovery of delayed payments in loan or credit contracts with mortgage guarantee formalized with physical persons
Traditionally, the judicial recovery of arrears in mortgage loan or credit agreements formalized with individual consumers was carried out through the filing of mortgage foreclosure proceedings under Book III of the LEC (forced execution) and Chapter V of Title IV (execution on mortgaged and pledged assets). The filing of such executive action is based on ...