Judicial Sentence

Posted by Sylia on

A judicial sentence has already taken place that limits the right of the creditor to continue demanding economic amounts that had been pending of collection, derivative of adjudiciacin in auction of the building by amount inferior to the accumulated debt in origin. Contrary to the published thing, the judicial resolution does not generalize the call " dacin in pago" like a resource of the indebted one in front of the creditor. Sentence of court of first instance Navarrese guaranteed by Hearing Leasehold defends to put limits in exercise of right of bank to protest amounts additional not received in procedimeinto of jecucin hypothecating original, against which Law establishes Hypothecating Spanish, that fixes a guarantee double – the hypothecating responsibilities, that is to say, the amounts for which they are responsible to the buildings and the personal responsibility, that is to say, the personal responsibility of the indebted one, by virtue of the article 1911 Cc-. The contract of hypothecating loan, recognized that &quot evaluated the property; in an amount that was superior to the main one of prstamo" , it picks up the sentence. The Basque organization continued demanding the monthly payments the weak proprietor when or it had remained with the house after the celebration of an auction, fact that, for the judge, or covered the demanded debt. The sentence emphasizes that the bank gathers in the writing of hypothecating loan that evaluated the property " in an amount that was superior to the main one of the loan, being it thus, is worthy of consideration the reasons for which the juzgadora of instance does not consider opportune in this case of continuing the execution, to understand that the value of the property, however, the result of the auction, is sufficient to even cover the main one with the demanded debt and being over said principal". From Mediatoris, we have stated in all these years of crisis, the procedural tactics of the great bank, that against the impossibility of the consumer of being able to do against the payments of the mortgage, of unfruitful negotiations trying to decide the voluntary delivery the house (dacin in payment), and even, as a result of not being able to go as you postpray personally nor nor through third parties, it is had been adjudging the buildings in auction to 50% of the value of appraisal. .