Mortgage Foreclosure. Complete Dismissal. Success Story.
Dismissal of Mortgage Foreclosure.
The Court of First Instance No. 1 of Alcalá de Guadaira has declared the abusiveness and consequent nullity of the acceleration clause and, most importantly, the dismissal of the Mortgage Foreclosure, which entails the termination of the proceedings brought against our client.
Thus, our client’s rights as a consumer and user have been upheld and, after facing the banking institution under our legal direction, has defeated BANKIA S.A., which sought to evict him from his home.
Court Order: Content and Consequences.
The court ORDER has declared that the acceleration clause on which the bank terminated the contract is abusive, null and void, and therefore the proceedings against our client cannot continue. And all this despite the fact that no opposition was initially filed by the client nor did he defend himself until the intervention of this team of professionals.
On this basis, the Court dismisses the case, rendering it without effect and releasing our client from both the auction, which had already taken place, and the subsequent and inevitable eviction and dispossession that such proceedings entail.
As a result, 4 years after the bank terminated the contract, our client successfully asserts their consumer rights legally established in Directive 93/13/EEC, a regulation superior to Spanish law.
Such a victory places the banking institution in a worse position than it enjoyed 4 years ago since it will no longer be able to terminate the mortgage contract by its own action but will be obliged to resort to judicial proceedings through a declaratory procedure with greater guarantees for both parties and longer duration, with the bank losing the benefits that the enforcement procedure granted it and which it enjoyed until the date on which the new ruling is issued.
Dismissal of Mortgage Foreclosure: Our Objective.
IN DIEM Lawyers’ primary objective in all its defenses is to enforce the doctrine of the Court of Justice of the European Union regarding the protection of banking consumers, at any procedural stage and whatever the circumstances of our clients, even if they have not responded (opposed) to the bank’s enforcement action within the time and deadline. In this regard, it is worth recalling that the court’s ex officio analysis of the abusiveness of such clauses—such as the acceleration clause—can be carried out at any time provided it has not been previously alleged, as established by the CJEU judgment of January 26, 2017.
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