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.…

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ADMINISTRATIVE CLAIMS COVID 19: ON THE ILLEGALITY OF THE SANCTIONS IMPOSED DURING THE STATE OF ALARM 1. SPAIN’S CORONAVIRUS LOCKDOWN AND THEIR ASSOCIATED FINES ARE UNCONSTITUTIONAL AND UNLAWFUL More than 15,000 people have been fined so far by the National Police and Guardia Civil for non-compliance with the coronavirus lockdown rules. However, our courts are already…

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IRPH clause

IRPH clause: STJUE March 3

IRPH CLAUSE INTEREST RATE: MAIN CONCLUSIONS OF THE JUDGMENT Case C-125/18 The Court of Justice of the European Union, based in Luxembourg; has rendered a landmark and expected Judgment in Case C-125/18 Gómez del Moral Guasch/Bankia S.A.; in relation to IRPH clause inserted in mortgages.After having settled the cases on floor clauses and the mortgage tax (AJD, which was…

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recovering off plan

Are you buying an off-plan property in Spain?

Are you buying an off-plan property in Spain and using the developers nominated solicitor? Dear Readers, Some Building Developers might recommend you the use of their own usually cheaper solicitors to handle the property conveyance. This can be risky as the solicitor is unlikely to be truly independent as the same firm may be representing…

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