28 Nov The Court dictates the first verdict in Marbella annulling a foreclosure based on a bank’s abusive clause in the original contract
The Court of first instance Nr 2 MARBELLA, dictates the first verdict in Marbella (according to manifestation of the judge), annulling a foreclosure based on an abusive clause in the original contract, being this law-firm the one who has made the defence of the defendants , who would soon be subject to eviction thus losing their home. The judge, accepting the arguments put forward by our lawyer and attorney eliminates the existing clause concerning floor limit to variable rate of interest in the Deed of mortgage. The bank is forced to start the procedure from the beginning recalculating the interests according to the existing interest today, in accordance with the mode of variable interest agreed in the deed of mortgage and once such clause is eliminated. In Emilio Pino – Lawyers, we can feel satisfied that justice has been done and a family that was in a position to be evicted from their home, remains therein as well as its debt is considerably reduced.