Mortgages WITHOUT AVALISTAS

Article published in magazine The Meu Prat of June of 2017

During the years of the bubble thousands of cllientes attained banking financing to purchase a house thanks to them. However, the crisis has marked a before and an afterwards in his utility.

In the úlitmos years, the financial sector no longer gives importance to the fact of paortar a guarantee, but to the real capacity of payment of lso clients that want to mortgage. At present, the avalista uses when having a good profile, fails some factor of the operation (there is not contribution of 30% of the price of purchase, not having labour stability, main indebtedness to 35%) and the bank wants to have an extra security. And it is that, as it recognises the own financial sector, only can purchase a house those who have savings and a good work.

Another factor that has caused the disappearance of the guarantees is the arrival of the dación in payment (the mortgaged can saldar his debt with to the delivery of the house),"solution" that collects the article 140 of the Law Hipotecaria renewed two years ago, in the frame of the Project of Law of second opportunity. At the beginning of this year, in fact, it knew the first judicial sentence that annulled the mortgage and allowed the dación in payment when considering invalid the clause of universal personal responsibility (art. 1911 of the CC) for considering it abusive.

In case it was not sufficient with the judicial response, to the financial sector add him the political decisions leg face up to the problem of the evictions and protect to the most vulnerable families. With this end, the Government set in 2012 the Code of Best practices, where includes to allow the dación in payment, suspend launchings and restructure the debts.

The entities fianncieras no only want that the clients can pay, but they also are conscious that the current juridical situation prevents them go against the avalistas.