Summary of ULLmedia Las cláusulas abusivas en los préstamos hipotecarios

00:00:00 - 00:55:00

The video discusses how certain clauses in loans for mortgages can be considered abusive, and how a court would rule on this. It also discusses how quickly and easily a mortgage can be foreclosed upon, and the possiblity of a third party taking over the property in the event of an abusive clause.

• 00:00:00 The speaker discusses the issue of abusive clauses in loans for mortgages, and how to deal with them. He notes that these clauses can be used to prevent negotiations with the borrowers, and can also be hidden in the terms of the contract. The speaker also discusses the importance of having a clear understanding of the terms of the contract before signing it, in order to avoid disputes.
• 00:05:00 The type of interest rates available today thankfully are not as high as they once were. What this could mean for people is a phenomena of hidden lending where they are told that the interest rate is variable, but that variable interest rate has no floor, and will never go down. This is a problem, but it would be a clause that is debated if it is abusive or not. According to cases, it would be abusive if it was placed on a product that is not competitive. Another fundamental problem for borrowers is that there are no conditions general on contracts, which can be applied in case of eventualities that could happen throughout the contract. In that part of the contract, we find two clauses that are fundamental: the April 14th 2013 court ruling that said that consumers are being hurt by variable interest rates and interest moratoriums, and the general conditions clauses that consumers do not take into account. Those clauses are taken into account by the bank because many reasons in general, conditions on contracts are not taken into account by consumers, because they are too complicated to read, are boring, and most people do not understand them. Another reason is that banks do not lend money on the basis of general conditions very often. When this does happen, it is usually because the customer is buying
• 00:10:00 This video discusses the concept of "abusive clauses" in mortgage contracts, and how Spanish law has chosen to not have a similar control over the content of these contracts as is found in general contract law. The general rule is that clauses that are contrary to good faith and produce an imbalance between rights and obligations are abusive. Confidence in legal systems is essential for a functioning society, and this is why clauses that violate this confidence can be declared void and unenforceable.
• 00:15:00 The video discusses how ULLmediaconsolidated but that, in Spain, it can sometimes be contested and the second conclusion of that nullity of full right which means that the of created law which is chosen by law's enactment and that means it does not need a judicial declaration to be put into effect although no judge has declared it null and that has little importance because officials who have been discussed before, professor antonio fernando and notaries and registrars who apply law constantly have control of legality this means that they are not able to put their professional duty to the service of invalid content they are not able to put their profession their function to the service of invalid content what purpose do not have notaries several have a function of authorizing the documents that contain in our case mortgage contracts and they have control of general legality but this is definitely desdibunded by different reasons and one of them is that between among other things one of the many reasons why another court ruling of 25 May 2008, third instance civil administrative, declared null some articles of the notarial regulation although notaries
• 00:20:00 The video discusses how ULLmedia's terms in its home loans are abusive. The law that the company has contravened is from March 29, 29th, which states that lenders have a general legal control in this area, but because it is absurd, the registration of general conditions is, in practice, disparate, and has no sense. Deposit of conditions in a register, which is supposed to protect consumers, does not have any real meaning. This was written and said numerous times, and I have repeated it. What is being done is cutting off the possibility of consumer associations to file a complaint for five years after the thing was agreed upon. This is completely absurd. Furthermore, it refers to the registration of a court decision, which is an individual act and has a limited objective, outside of the parties that have litigated the case. Its objective is set by the court, and it has no value outside of what has been decided in that contract. This article is not about what constitutes true jurisprudence according to article 16 of the Civil Code. It is about the repeated in decisions of the Supreme Court not what this refers to, which is the registration of a court decision that will be inscribed. We will win a special value for registering a court decision
• 00:25:00 The video discusses the abusive clauses found in mortgage loans, specifically the article 12 of the reform of the mortgage market where it states that mortgage registrars will evaluate the clauses of selected mortgages for a duration as long as it is "as caustic" and then says that advance-payment clauses and we are already in one of the topics of delayed payment. Furthermore, the document will be recorded as stated in the title, even if the real significance has been evaluated positively, this article is a disgraceful street that only means one thing and has been trying to say this for a while because fortunately, the general edition seems to correct something the only thing that it means is that mortgage registrars have to swallow what is contained in the deed. What happens with article 12, which is also applicable only to financial institutions, banks, compared to other creditors of mortgage loans, since it is a privilege that financial institutions extend to mortgage registrars of being able to stomach what has been put in notaries' public records, understanding a little the problem. It is clear that this law was made under the approval and supervision of the Spanish association of estate agents and property area, which naturally gathered banks, so it is a law that was made in 2007 and is a gift to
• 00:30:00 In this video, a Spanish court discusses the legality of abusive clauses in mortgages. The court discusses how to determine if a clause is abusive, and how to resolve the issue if it is. In addition, the court discusses the legality of interest rates that are considered abusive, and how to determine if a rate is abusive.
• 00:35:00 The video discusses how certain loan terms, such as interest rates that exceed the statutory limits, can be considered abusive. It also points out that the current rules, which allow for interest rates of up to 4 percent, are not applied evenly. For example, for loans taken out before 2013, the interest rate would be capped at 5 percent, while for loans taken out after 2013, the interest rate would be capped at 6 percent. This is meant to help those who are already in debt, but it seems to be having the opposite effect. Many borrowers who are struggling financially do not even know about these rules and are thus even worse off. There are also legal problems stemming from these loans. For example, in a recent ruling, the Supreme Court declared a loan provision in a mortgage contract to be abusive. This provision allowed the lender to withhold payments in case of default.
• 00:40:00 The video discusses how certain clauses in loans for mortgages can be considered abusive, and how a court would rule on this. It also discusses how quickly and easily a mortgage can be foreclosed upon, and the possiblity of a third party taking over the property in the event of an abusive clause.
• 00:45:00 The executive points out that the directive's goal of lenders having effective nullity clauses is not being achieved, as this has no real effect and leaves things at that. In a subsequent complaint, after the borrower has received the indemnity, the process is quick and the absolution is that which should be done now, which is to file a declaratory judgment asking for nullity of the abusive conditions. Two possibilities exist, but the only way to achieve this is to have a judicial declaratory judgment declaring the nullity of the abusive conditions, which would then suspend the execution proceedings. If the creditor considers that the demand for nullity of the abusive conditions is not founded, this is because it appears to have a semblance of plausibility, but it is not solving the problem. In part, it can be solved by applying the abusive conditions to other loans, but this is only partially solving the problem. The only thing that this could mean is the suspension of the execution proceedings while the nullity of the abusive conditions is determined. If the loans are found to be abusive, administrative sanctions may be imposed, such as fines up to 600,000 euros for using abusive loan spools. However, some are repeated and grave, and may take stronger measures,
• 00:50:00 The video discusses how certain clauses in loans for mortgages can be considered abusive, and can thus be voided by the courts. This can result in a loan being taken out, but without a mortgage, though the loan proceeding would still continue. However, if one were to successfully void such clauses, they would have at least partially won. This is because clauses that are abusive - that is, those that unfairly benefit the lender more than the borrower - are automatically void. Furthermore, the video points out that clauses that are abusive are also common in mortgage contracts, and that these contracts violate fundamental principles of constitutional law. Germany has resolved this issue by including a paragraph in the law that states such contracts are void and therefore unenforceable. This can protect borrowers from being taken advantage of, as well as their relatives who may be forced to cosign a loan for them. Furthermore, three key constitutional principles are at stake - the right to a dignified home, the right to property, and the principle of equal protection.
• 00:55:00 The video discusses the abuses of loan terms by lenders, and the inherent protection of consumers that is enshrined in the German Constitution. The video cites the example of interest rates on German mortgages being two and a half times above the interest rate on comparable loans in other countries. The video ends with the statement that if interest rates on mortgages continue to be this high, people may begin to question the legitimacy of the system altogether.