Thursday, November 8, 2012

Eviction Laws are Abusive

A meeting was held on Wednesday where the Government and the PSOE agreed on a pact for an urgent reform against evictions.  
Protestors demonstrated in Barcelona to prevent the eviction of a family who are being reclaimed for €240,00 €
Meanwhile a European dictum has considered the Spanish eviction law as abusive. 

It believes that it does not protect the citizen following the abusive clauses in the mortgages. 
The European norm demands ‘that the consumer has an access to an efficient legal appeal’.

Spanish Law does not allow the halting of an eviction invoking an abusive clause, but the question should be solved in another court after the eviction has taken place. 
In this context some judges are looking for legislation to avoid evictions, while they denounce usury, and abuse and unjust enrichment by the banks.

The General Lawyer in the European Court of Justice, Juliane Kokott, has said that the Spanish law on eviction breaks community norms, because it does not an efficient protection for the consumer against possibly abusive clauses in the mortgage or purchase documents. 
She is insisting that the judge should have the possibility to suspend any forced eviction when the contract has an abusive clause.
The opinion of the lawyer is not binding, but the courts are following her recommendations in 80% of the cases.
The Government and the PSOE Socialist Party agreed last night on a pact for an urgent reform against evictions.

In addition the 46 Dean senior judges from all over Spain, and who represent more than 2,000 magistrates, joined the wave of criticism expressing their deep preoccupation at this bad habit.

The First Instance Court Number 32 in Madrid is one that troubled home owners in the capital want to avoid. It has processed 1,200 mortgage evictions so far this year, and the numbers have been rising since 2009. 
After the banks have taken the properties, they are listed in a white file.
Most of the bank employees are trainees. 

‘Nobody wants this’, one said, but the judge has said, ‘Behind this are lives, but the law is as it is. I’m the referee here’.
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