THE "SECOND CHANCE" BORROWER IN FORECLOSURE OF YOUR HOME
Publicado el 1/7/2015
It entered into force on 1 March 2015 Royal Decree Law 1/2015 of 27 February Mechanism Second Chance Financial Burden Reduction and other measures of social order, whose goal is a natural person, despite having suffered a business or personal financial failure, have the ability to direct their life and even risk new initiatives, without dragging a slab debt indefinitely.
Thus, the legislator is aware of that, but of course must protect the rights of the creditor, it also happens that many insolvencies to factors beyond the control of the debtor in good faith, that by supervening alteration of circumstances must, you can not meet commitments.
Among the measures included a "mortgagors" for the event of foreclosure on your home consist of the following:
the group of people who can benefit from the protection and the Code of Good Practice for the viable restructuring of debt mortgage on the residence to "debtors without resources" improvement increases.
You can benefit from the protection of the debtor or secured credit mortgage loan on your primary residence when the following circumstances:
a) That the income of the household does not exceed the limit of 3 times the "pay annual IPREM fourteen", ie 22,365.42 euros for 2015.
Or does not exceed 4 times (€ 29,820.56 in 2015) if any member of the household has a disability superior to 33%, a situation of dependence or disease incapacitating permanently to work;
Or does not exceed 5 times (€ 37,275.7 in 2015) if the mortgagor has cerebral palsy, mental illness or intellectual disability with a recognized degree of disability equal to or greater than 33%, or physical or sensory disability equal or superior to 65% or serious illness that permanently incapacitate for work activity.
b) That, in the four years preceding the time of application, the family unit has undergone significant changes in their economic circumstances, in terms of effort access to housing, or have occurred in that period family circumstances of particular vulnerability.
The "change in circumstances" is if the mortgage burden in relation to family income has increased compared to when the mortgage was granted by at least 1.5.
And they are particularly vulnerable:
1 The large family.
2 The parent household with two dependent children.
3 The family unit that is part less than three years.
4 The family unit in which some of its members have declared disability of over 33%, a situation of dependence or disease incapacitating permanently accredited manner, to perform a work activity.
5 The largest debtor 60 years.
c) That the mortgage payment exceeds 50% of net income household, or 40% if any member of the household has superior disability of 33%, a situation of dependence or illness that incapacitates him permanently to perform a work activity.
It also requires (in summary) that the maximum house price was 300,000 euros at the time of acquiring it.
Similarly, the group that can request protective measures of Law 1/2013, it will be extended until May 14, 2017 the suspension of the execution of the launch.
Moreover, it remains the Law 1/2013, of May 14, measures to strengthen protection for mortgage borrowers debt restructuring and social rent in terms of the requirements to be met by new mortgages signed to be signed from 15 May 2013 regarding the judicial or extrajudicial foreclosure proceedings.