NUEVAS APORTACIONES DE LA JURISPRUDENCIA A LA DEFENSA DEL DEUDOR HIPOTECARIO. LA MODERACIÓN DEL PRINCIPIO DE RESPONSABILIDAD PATRIMONIAL UNIVERSAL.

Abstract

The main legislative measures that have been taken to help mortgage borrowers are an expansion of the assets immune to attachment, the amendment of section 671 of the Civil Proceeding Act, the realm of application of Royal Decree-Law 6/2012 of 9 March and the measures called for in the latter (restructuring of mortgage debt by moderation of interest on late payment and by application of the Good Practice Code). An analysis of these measures is given. The conclusion reached is that the measures fall short of their goal and make it necessary to seek arguments defending mortgage borrowers in mortgage foreclosures and, where the product of foreclosure is insufficient to pay off the debt, in subsequent proceedings. The most recent case-law contributions on the topic are analyzed, looking at the moderation of interest on late payment and moderation in the rule of unlimited personal liability. On the latter point, there are cases where, in ordinary proceedings after foreclosure, the lender is allowed to sue only for the portion of the debt in excess of the full initial appraised value of the property (permanent residence) awarded to the lender. The author furnishes arguments that such rulings do have a legal basis and fit smoothly into current legislation.