Friday, March 15, 2013

Yes, all mortgages are abusive in Spain

If you were to actually read the fine print in almost all Spanish mortgages, you would find that they all contain incredibly abusive clauses, which give all the advantages to the bank and zero to the consumer. Up till now, the only thing judges have been able to do is read the contract and say "yup, this is what the contract says, sucks to be you" and let the foreclosure proceed.

Now that judges can potentially invalidate the contract for being abusive, it means that 1) the foreclosure process will take forever 2) banks are much more likely to agree to "pay in kind", where at least they get the house.

So why is the PP all of a sudden so keen on passing a new mortgage law? Is it because they saw the light and want to help all those people who've had their lives destroyed by evil banks? hahahaha (or as they say in Spain, jajajaja). More likely they want to stop this in its tracks before judges start getting uppity and sticking up for the little guy.

My prediction is that the PP will pass a new law that defines abuse so narrowly that no one will be able to take advantage of this. Kind of like the "it's not torture, it's just a enhanced interrogation technique" idea.

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