LA REFORMA DEL REAL DECRETO-LEY 6/2012, DE 9 DE MARZO, DE MEDIDAS URGENTES DE PROTECCIÓN DE DEUDORES HIPOTECARIOS SIN RECURSOS, POR LA LEY 1/2013, DE 14 DE MAYO «ANTI DESAHUCIOS».

Abstract

Act 1/2013 of 14 May, known as «the Anti-eviction Act», is the vehicle of a major reform of Royal Decree-Law 6/2012 of 9 March on urgent measures for the protection of indigent mortgage loan holders. The changes work in a number of ways. For example, the Anti-eviction Act makes the measures more widely applicable, including non debtor mortgagors and sureties; it defines a broad exclusion threshold and a strict exclusion threshold, the latter being applicable only to partial acquittances and surrenders of property in lieu of debt payment; and it raises the purchase price of mortgaged homes in cases where the Code of Best Practices is applied. Furthermore, section 12 of Royal Decree-Law 6/2012 on extrajudicial foreclosure is tacitly repealed by the newly written section 129 of the Mortgage Act introduced by Act 1/2013. The new set of regulations on extrajudicial foreclosure is applicable to extrajudicial foreclosure proceedings still pending, so the debtors involved may benefit from the measures stated in the newly written section 579.2 of the Act on Civil Proceedings (which envisages partial debt forgiveness). With this new regulation, the initial approach to judicial and extrajudicial foreclosure procedures begun in section 12 of Royal Decree-Law 6/2012 is practically wound up.