ANOTHER CASE WON!
OUR CLIENT SAVES THE HOUSE! The Court rules on the consequences of invalid accelerated repayment clauses in mortgages and declares the dismissal of the mortgage enforcement proceedings.
On 11 September 2019, the Spanish Supreme Court delivered a landmark judgment resolving one of the most disputed issues relating to mortgage loans in Spain. The question was regarding the consequences when clauses that allow lenders to accelerate loans upon failure to pay just one or more instalments are declared unfair and, consequently, null and void under Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. This issue has, in fact, a serious impact on the way mortgage loans have been unduly enforced by many Spanish Banks over the past few years.
Consequently, our client was also sued by the bank, but after a fierce battle in Court, we have managed to declare the enforcement process and the mortgage null and void, which in practical terms, means that our client has been able to save the house. We enclose below photograph of the Judgment for your perusal.
Finally, please see below the kind testimonial just received from our client when she heard the news (both in its original Spanish version and its translation into English):
Buenos días Oscar;
Leí su correo este fin de semana. – Ni qué decirle como me encuentro. – No lo esperaba con tanta rapidez. No puedo describir con estas letras cuál es mi estado de ánimo. – Son ustedes unos grandes profesionales. Gracias, gracias y gracias. –
Sin más y con mi profundo agradecimiento reciban un saludo afectuoso. Mrs M.Diez (Alicante. Spain)
English version: “Good morning Oscar;
I have read your email this weekend. – Needless to say, how grateful I am.- I did not expect it so quickly. I cannot describe in this letter what my state of mind is. – You are great professionals. Thank you, thank you and thank you. – Please accept my deep gratitude and a warm greeting. Mrs M.Diez (Alicante. Spain)
Reviews like this one I got today make all the hard work and effort we put in winning the case worth it!
Remember, this is not just another case won, as litigators Solicitors, we are proficient in dealing with all kind of lawsuits against banks, so If you need solicitors who go that extra mile and will guide you every step of the way then please do not hesitate to contact our Firm, and we will be delighted to help you.
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor.
Please see below last page of the Court’s decision: