Mortgage Attorney in Ronda
Mortgage attorney in Ronda. Technical defense of consumers against banking entities in abusive clauses, mortgages with void conditions and foreclosure proceedings.
Banking and mortgage claims we handle
Floor clause
Recovery of amounts improperly charged since loan signing due to application of non-transparent floor clauses. Consolidated doctrine of the Supreme Court since 2013.
IRPH
Claims against IRPH-referenced mortgages when lack of transparency requirements are met. CJEU and Supreme Court rulings support these claims.
Mortgage expenses
Recovery of notary, registry, management and, where applicable, appraisal fees that the bank transferred to the consumer despite being the entity’s responsibility. Limitation period calculated according to the latest jurisprudence.
Revolving credit cards
Nullity due to usury of APR exceeding 24-26 percent and claim for everything paid above the principal amount used. Supreme Court STS 149/2020 and subsequent rulings.
Defense in foreclosure proceedings
Foreclosure for non-payment
Analysis of the amortization schedule, early maturity and abusive clauses that may halt the auction. Procedural defense at each stage of the proceedings.
Opposition to foreclosure
Examination of grounds for opposition under article 695 LEC: abusive clauses, error in debt calculation, lack of procedural requirements.
Deed in lieu of payment
Negotiation with the entity for deed in lieu of foreclosure when it is the most advantageous solution for the debtor. Prior analysis of the Banking Code of Good Practices.
How we analyze your contract
Initial study of the loan contract, deeds and amortization schedule. We identify claimable clauses, limitation periods and procedure viability. Without assuming anything we do not consider viable.
Do you need immediate legal advice?
Our law firm based in Ronda handles your consultation in an agile and confidential manner. Legal coverage throughout the province of Málaga, Sevilla, Algeciras, Ceuta and the rest of Andalucía.
Recover what the bank overcharged you
If you signed a mortgage and suspect that abusive conditions were applied, we can audit it. Initial assessment without commitment.
Let's discuss your case
Initial assessment without commitment. We identify the procedural route and critical deadlines.
Applicable legal framework and Supreme Court doctrine
Mortgage defense in Ronda and the province of Málaga is supported by consolidated regulatory framework and rulings from the Supreme Court and the Court of Justice of the European Union.
Abusive clauses in loans with mortgage guarantee
The STS 241/2013 declared floor clauses null for lack of transparency when the consumer did not receive clear information about the downward limitation of the interest rate. The STJUE C-154/15 Gutiérrez Naranjo recognized full retroactive effects to that nullity. Regarding mortgage expenses, the STS 44/2019 distributed the cost between lender and borrower, declaring the full imposition on the consumer as abusive.
Early termination and opposition to foreclosure
The STJUE C-70/17 Abanca and the STS 463/2019 opened the way to replace abusive early termination clauses with the regime of article 24 of Law 5/2019 on real estate credit contracts. Opposition to foreclosure is channeled through the grounds of article 695 LEC, especially that of section 4, abusive clauses that support the foreclosure or determine the enforceable amount.
Critical deadlines in Ronda
The foreclosure procedure is processed before the Court of First Instance of Ronda. The opposition must be filed within 10 business days from the payment demand (art. 695 LEC). The limitation period to claim amounts paid for improper mortgage expenses follows the 5-year rule of article 1.964 of the Civil Code, computed from the STJUE C-485/19 which set the dies a quo at the moment when the consumer acquired knowledge of the nullity.
Complementary procedures
Along with the study of the contract and settlement, we assess procedural routes: declaratory action of nullity (ordinary trial), incidental opposition in foreclosure, or restitutory claim with actuarial calculation. In cases of primary residences, we also examine the applicability of the Banking Code of Good Practices and the possibility of deed in lieu of foreclosure or loan restructuring.