23 Nov Moratoria Legal Plazo
“The request to send a simple electronic copy to your financial institution to manage the mortgage moratorium file for economic vulnerability will be articulated via the new notarial portal of the citizen of the SIGNO application” The request could be made from the publication of RDL 8/2020 in the BOE until September 29, 2020 (due to the extension of the duration by RDL 26/2020). If the debtor meets the conditions, the granting of the stay is mandatory for the creditor. Schematically, it can be said that its scope is limited to:- The natural person debtor who has exceptional difficulties in paying the mortgage loan granted for the acquisition of the habitual residence (which, pursuant to the decision of 18 November 2013, is extended to the new loan to refinance the loan granted for such an acquisition), B. , person designated to pay all or part of the deferred price) and a certificate of registration must be presented. The loan for the purchase of a dwelling, which was not usual at the time of the concession, but which is at the time of the request for a moratorium, is doubtful. On the other hand, there is no doubt about the request addressed to the debtor who owns other dwellings in Spanish territory. I share the opinion of Segismundo Álvarez and Lucas Braquehais regarding the overall interpretation of the rule: if the subsequent amendment of the rule applied the moratorium to personal loans and loans, whatever their purpose, it is logical to understand that the mortgage moratorium must cover any loan or credit that encumbers the debtor`s habitual residence. whatever the purpose of its concession. This interpretation is also supported in the preamble to RDL 8/2020, which states that the objective of the rule is to “guarantee the right to housing of mortgage borrowers in a particularly vulnerable situation”.- mortgage loans intended to finance the acquisition of immovable property for the economic activity carried out by entrepreneurs or professionals in which the borrower encounters exceptional difficulties, make the payment.- Loan with mortgage guarantee for the purchase of a dwelling (unlike the usual one of the natural person-borrower), which is granted for rent and whose income is no longer received since the entry into force of the state of alert or receives only one month after its completion. In accordance with its preamble, it is limited to breaches resulting from the tenant obtaining a moratorium. The other conditions governing loans and credits to which the moratorium, the application procedure and the persons who may do so apply remain unchanged and are laid down in their specific rules. Responsible declaration of the borrower The responsible declaration that all debtors must sign regarding compliance with legally prescribed requirements, which must be taken into account without sufficient economic resources, is included in the application document available at your office. The legal moratorium, governed by Royal Legislative Decrees 8/2020, 11/2020 and 15/2020, consists of a total absence of the mortgage loan© (principal, ordinary interest and moratorium and non-application of the early maturity due to non-payment) for a period of three months, with a corresponding extension of the duration of the following for the same©period, which is necessary for natural persons in a situation of economic vulnerability.
is recognized by law. “Law 3/2020 of 18 September 2020 prescribes, until 31 December 2020 inclusive, the preferential treatment of the procedure resulting from the absence of recognition by the creditor body of the legal moratorium on mortgages with habitual residence and immovable property affected by economic activity” In addition, the period during which the payment by instalments is frozen will be extended to a maximum of nine months. This new maximum period applies to all legal and sectoral moratoriums, i.e. voluntary moratoriums offered by banks to customers who do not meet the conditions for access to the legal moratorium, within the framework of the sectoral agreement of the Association of Savings Banks (CECA) and the Spanish Association of Banks (AEB) in order to harmonise the conditions applicable to these moratoriums. Once signed, the standstill agreement is elevated to the status of an authentic instrument, which can only be revised unilaterally by the creditor if the moratorium consists of granting a lack of capital or principal and interest with a corresponding extension of the duration. If a different formula is sought (for example a moratorium with quotas and without extension of the duration of the loan©), the issuance of the deed requires the appearance of both parties. In these cases, the extraordinary difficulty caused by meeting the requirements of what the law qualifies as a situation of “economic vulnerability” (contained in art.