In the following post we proceed to analyze the costs that banks must reimburse mortgage debtors related to the payments that would have been made in terms of notary, agency and registration and the arguments used by banks in order not to give us the reason.
At the time of signing the mortgage, the bank has been able to establish clauses that impose on the debtor certain payments, management, notary and registration, which would correspond to the bank itself or should be divided in half between the bank and the debtor as recently pointed out by the Supreme Court such as abusive clauses.
Some of these expenses are the notary fees derived from the deed matrix of the mortgage loan or the agency fees in general, the payment of which corresponds in half to the contractors to understand that both are equally interested in producing the legal consequences that arise. The expenses of inscription of the mortgage in the registry of the property correspond totally to the banking entity being this one the beneficiary of the operation.
The banks will try to make things difficult for us to avoid that our claim arrives to good port and thus not to reimburse the amounts owed alleging the following arguments:
The bank in its claim not to reimburse can argue that the claim is made many years after the signing of the mortgage contract and that, therefore, the negligence of the interested party during these years has created a legitimate confidence in the bank that it was not going to claim. The issue is that the consumer during these years did not know the abusive nature of the clauses in question so the claim must be admitted.
In addition, the principle that the consumer must not be bound by unfair terms irrespective of the passage of time must be respected.
LACK OF PASSIVE LEGITIMATION
This claim is that some of the payments are made not to the bank but to a third party.
The banking entity cannot take this way its allegations since it has been this one that has imposed to the debtor the payment or payment of expenses that did not correspond to him.
In the event that there had been a previous process on aspects of the mortgage contract, the bank could argue that the conflicting aspects of the same contract have already been put to judgment and that therefore the same matter cannot be brought before the courts again because it has already been judged.
Well, this effect would occur if we had specifically asked the courts for judicial protection with respect to the abusive clauses in question and a sentence had been dictated on it. If this is not the case, we will proceed with the judicial processing of the claim that we can carry out independently of previous processes that were related to other clauses of the same contract or in which different things were requested.
CONDITION OF CONSUMER
Legislation protects the consumer by always treating him as the weaker party, and it is the consumer who can benefit from the direct application of this doctrine. Professionals or traders will not benefit in principle from all the above, but companies and businesses when they act without profit motive, outside the commercial sphere will have this condition and can claim as consumers.
The law firm Llorente & Rayón offers its services of representation and advice to channel this type of claims and achieve a successful result, overcoming the arguments used by banks, call us and ask for an appointment.
What are they? How important is it in companies?
They are those people in charge of the protection and prevention of internal rules and the possible commission of crimes that is to say, they have a fundamental role inside the companies and for a correct functioning of the same ones.
Currently, some of these practices are among those mentioned because in some cases they can invade people’s privacy, as is the case with the analysis of personal e-mails.
But after the sentence 489/2018, of October 23, 2018, has established some criteria according to which this possible illegitimate interference is no longer such, recognizes the interest of the employer in avoiding or discovering unfair or illicit conduct of the worker, arrived from European jurisprudence in the sentences Barbulescu against Romania, known as I and II, since the case was appealed for not having given him the reason in the first instance.
On the one hand, it recognises the employer’s interest in preventing or discovering unfair or unlawful conduct on the part of the employee and on the other hand, it also establishes that such information cannot be accessed without the employee’s consent or not only the consent but also the employee’s awareness that he or she may be the subject of such an analysis.
In Llorente & Rayón we have a team of expert professionals to advise companies in the implementation of compliance systems achieving an integrated management and maintenance of systems adapted to the deployment of multiple international standards. Ask for an appointment with us and we will study your project to offer you the best options from the current legislation.Seguir leyendo
What has its approval meant? What is the fit of mediation now in Spain?
On January 11, 2019, the greatest progress has been made in our country in terms of mediation.
With the approval of this preliminary project, it has been possible to go from being an optional figure for the resolution of extrajudicial conflicts to something obligatory for litigants, who are obliged to attend an informative and exploratory session in the six months prior to the filing of the lawsuit in a set number of matters.
Therefore, it becomes a necessary procedure prior to the judicial process, although this does not imply submitting to the mediation process.
It incorporates a negative element in the event of non-compliance with the ‘mitigated obligation’ of mediation, so that the costs of the process will not benefit the party who has not gone to try to resolve the conflict through mediation provided that it was legally mandatory or had been agreed by the court during the process.
It is also important what matters are covered by this process, are civil and commercial matters among which are: succession, dissolution of marriage, guardianship and custody, alimony between relatives, professional liability …
Another very important novelty is intra-judicial mediation, that is, the judge or court, after analyzing the case, considers that mediation is an alternative to trial that may be more convenient for the parties.
In addition, this draft also includes amendments to three rules: Law 5/2012 of 6 July on mediation in civil and commercial matters, the Law on Civil Procedure and the Law on Free Legal Aid, which incorporates mediation between its services.
Another important element is What do you need to be a mediator?
Registration is required in the Register of Mediators and Mediation Institution that depends on the Ministry of Justice or in the registers set up by the autonomous communities. In addition, the mediators should have a better professional qualification, for example, in the area of family law, training in equality and detection of gender violence will be required.
In Llorente & Rayón can help you, we are experts in mediation, call us.
The reverse mortgage is a type loan where a financial institution grants certain amounts to a client, either monthly or at the time of constituting the mortgage, equivalent to the value of your home and that at the time of death must either pay the remaining amounts and the house will become the property of the bank or return the amounts paid to date and remain heirs.
What are the requirements? Can it be cancelled?
The requirements are: that the person hiring is over 65 years of age, that he is his habitual residence, that he resides within the national territory, that the dwelling object of the mortgage has no burden, that the dwelling is owned by him and that there are heirs who take charge of the debt.
Who owns the house?
You are still the owner of the house, you could even rent it.
Is the customer obliged to return the quantities?
In this type of mortgage loan, the client does not have to return the amounts that the financial entity lends him, it will be the heirs in case they want to continue being owners of the house the ones that will have to pay the amounts lent to date, otherwise they will not have to pay any amount, with the consequence of losing the house.
Do you need to complete your retirement? Do you need to obtain more profitability without having to pay anything? In Llorente & Rayon we advise you on this type of mortgage, so you can get higher returns and continue to own your home.
Inside the types of testament that allows our classification one of the common mas is the so called holograph testament.
Of what does it consist?
The holograph testament is that one that it grants the testator, that is to say, needs neither notary, nor notary, to raise it to public writing, simply that demonstrates in a paper his last will.
In spite of the simplicity of this type of estates the law if it is required some requirements in order that it is valid, for example, that the testament is written by the testator, not neither by a third party nor relative, also demands that it dates the document with year, month and day in the one that grants it, it is required the adult age to grant it.
Other characteristics are that it is not necessary to take it neither to the record or which another person guards, he can be the own testator the one that guards it or also it can entrust to a third party that he it guards, in addition this type of testament also allows the foreigners who like that want to write it in his language, without it is going to harm his efficiency.
How much time has of validity?
At the maximum it must appear five years after the death of the testator and take it before the notary in order that it could take minutes.
From Llorente & Rayon in any doubt that you could arise on this topic and help you in all the steps.
To be able to reside in the national territory it is required that there is had a residence license that can be temporary, that has a minimal duration of 90 days and maxim of five years and that for it one needs that one thinks in someone of the suppositions that it marks the law. Another type of permission is that of residence is the permanent one who has resided in the national territory of form continued and interrupted during a minimal period of five years and one thinks in the suppositions that it marks the law.
How is work license requested?
She will be the businessman or the person who contracts the above mentioned foreigner the one that will have to request this permission, if what it wants to realize is one, I am self-employed it will have to be the same the one that requests it.
Where it is possible to request and since it is possible to renew?
The temporary permission can be renewed by periods of two years, in case of the permanent permission it will be every five years. You should request it in the Foreigners’ Office or to the local police station in that they are going to reside.
In Llorente y Rayón we have lawyers specialized at residence laws and permissions, we can help you, call us for more information and profesional advise.
Before an impending marriage separation or divorce we must know that goods are ours or since the goods or the common obligations are going to be distributed. What is me? Have I some right to receive certain quantities that I gave him?
We must know what matrimonial regime we us had. In our country three rate exist: joint property, separation of goods and participation.
The first one is the most common in our country, can be that the spouses grant or that in fault of agreement is the one that governs the marriage, this is, in case of not having signed matrimonial capitulations or having agreed on another thing, at first our marriage will be ruled by joint property, except in some autonomous communities where in absence of agreement it will govern the regime of separation of goods. The characteristic of this economic regime is that there become common the earnings of both spouses, the acquired with profit money forms a part of the company of joint property and that therefore will be distributed once produces the separation to himself to the half between both.
The second one to which we refer is the separation of goods. This regime consists of the separation of the heritage of every spouse, this wants to say that of the debts contracted by a spouse it answers the individual heritage of each one, though they could have common debts to both. We must know that this regime grants itself only for capitulations signed by the spouses, or since we have said in some communities in case he should not remember at all.
The last regime is that of participation, which is a regime of mixed character, that is to say, intermediately between the regime of separation of goods and that of joint property, which allows to both spouses to keep his respective heritage separated and only in the moment of liquidation what it obtains every spouse is what they have gained between both reduced of the debts.
The professional in charge of orienting you must have extensive experience in the area of family law, as well as having the necessary knowledge to know how to act in each case.
The law firm Llorente & Rayón offers its representation services in all matters related to Family Law, with extensive experience and knowledge in this legal area, call us and request an appointment.Seguir leyendo
Not always we can how to distribute our goods between the inheritors, know how to realize this operation of an efficient and simple way it is something fundamental. From Llorente & Rayon we help him in order that it could organize his testament or for any claim of inheritance.
What is it necessary to bear inheritance in mind?
The first thing that we must know is that when we realize the testament there are certain parts which one cannot have freely, the legitimate ones or also so called necessary inheritors compose it: 1. ° The children and descendants I concern of his parents and ascendancies. 2. ° For lack of the previous ones, the parents and ascendancies I concern of his children and descendants. 3. ° The widower or widow in the form and measure that establishes this Code.
There corresponds to these inheritors as minimum a third of the inheritance, which it can increase in another third more with the third of improvement and finally we have that of free disposition where we can have freely to administer it without any limitation.
Since we see it is a complex step, not only to organize the testament but to know that well versed are prepared to the succession and as being able to claim it.
From Llorente & Rayon in any doubt that him could arise on this topic and help him in all the steps of claim.
Rights granted by patents
A patent are exclusive rights granted by the State to the inventor of a product or technology, which will allow you to use and exploit your invention and prevent third parties from using it without your consent.
It is important to patent the inventions made since this means that it has a guaranteed protection to not be produced, used or distributed by any person who would like to perform those actions without the consent of the inventor.
The person can exploit the product, as well as sell it or authorize it to be used by another licensed person or company.
In the event that you decide to sale an invention without being patented it will be very difficult to find a buyer interested in acquiring an item that does not have the necessary guarantee. Hence the importance of patenting the product: anyone can’t use it without the consent of the inventor, regardless of the purpose pursued by that person.
Patent licenses, on the other hand, allow the inventor to authorize their use by the licensee in return for a fee, and unlike if a sale had been made, with the license the inventor does not lose his status as patent holder.
In Llorente & Rayón Abogados we help you to be able to commercialize your invention through a patent license agreement, we also guide you in each step, since you make the decision to patent an invention, as well as if you decide to license or put it on sale, until the end of the process.
The importance to have a lawyer specialized in banking issues
When any scenario where you should make a legal claim arises, it is very important to seek the support of expert professionals in the area to guide you to get ahead with this situation.
There are circumstances related to this area, such as the floor clause, bad banking practices, preferred shares, as well as claims against financial advisory companies, among other scenarios.
The floor clause or mortgage land was present in the mortgage contracts, indicating the minimum interest rate that will be applied during the period of the mortgage payment, regardless of whether the Euribor decreases. This means that even though interest rates fall, this clause does not allow it to fall more than what has been indicated in the contract.
The advisable thing for this, and other cases, is that the person looks for experts to accompany him in each step of the process to obtain the victory: that perform specialized services in the claim of complex banking and financial issues.
That is why the choice of your representative is key to achieve success in legal processes, because this person is who will look after you, therefore they must know this area of law thoroughly, as well as have experience.
In Llorente & Rayón we have lawyers and economists specialized in claims for floor clauses, mortgage constitution expenses, preferred shares, Bankia shares, Banco Santander values and other complex financial products.