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The Civil Chamber of the Supreme Court has condemned Unicaja Banco for not incorporating the floor clause into the purchase and sale contract with subrogation of the loan to a consumer, and subsequently not providing the original deed of the promoter loan to the judicial procedure, which violates the principle of evidentiary ease regulated in the Procedural Law.
The Munoz Abogados firm, from Ciudad Real, has obtained this ruling from the Civil Chamber of the Supreme Court that recognizes Phone Number Database the bad faith of the bank for not providing a copy of the deed of the promoter loan to the consumer in the formalization of the subrogation and subsequently not contribute it to the judicial procedure.
For Antonio Muñoz Muñoz, head of the office, the ruling represents "a setback for financial entities, which from now on will be forced to provide the original deed of the promoter loan to the judicial processes, which opens the doors to claims for all Consumers who have signed a home sale with subrogation of a mortgage loan in which the conditions thereof are not reflected.
The firm, at the end of , judicially claimed the nullity of a floor clause applied in a purchase and sale contract with loan subrogation in which the abusive clause did not appear, as well as the return of the financial amounts collected in its application.The Court of First Instance and Instruction No. of Ciudad Real issued a ruling favorable to the consumer in July , but it was appealed by Unicaja, and was acquitted by the Provincial Court in May .
Munoz Abogados filed an appeal for cassation and an extraordinary appeal for procedural infringement in which the infringement of the principle of ease of proof and the bad faith of the bank was alleged, due to the fact that it did not provide the original deed of the mortgage loan to the promoter to the process, having been a contracting party. of it and having the ease and obligation to contribute it to the process.
In the ruling, notified to the parties last Friday, the Supreme Court declares the nullity of the floor clause and orders Unicaja Banco to return the amounts collected in its application, which means that the consumer will recover approximately euros.
The Official Gazette of the Province published today, Tuesday, the decree announcing the approval of the subsidy call that refers to the Support Plan for Municipalities, for the current year. This represents an announcement of euros, from which all municipalities in the province will be able to benefit, since the total amount has increased considerably, as well as the beneficiary municipalities. In it was euros and only for municipalities with less than inhabitants.
This is aid to the town councils of the municipalities and EATIMS of the province, so that they can assume the current expenses that are generated in the town councils, especially related to electrical supplies, telephones, etc. On this occasion and as a novelty, all city councils in the province will also be able to dedicate these extraordinary resources to contracting work that makes it possible to develop projects to compete for the different calls for European funds within the Recovery, Transformation and Resilience Plan. funded by the European Union, NextgeneretionEU.
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發表於 2024-2-19 16:49:07