The Platforms for people Affected by Mortgages (PAH) in Orihuela, Almoradí, Callosa de Segura and Santa Pola have registered a letter in the Orihuela Courts that calls on judges and other institutions to heed the warnings of the EU Court of Justice (ECJ), which three times has now ruled in favour of suspending mortgage foreclosure procedures.
On July 17th, the ECJ ruled that the current Spanish Mortgage Law violates EU legislation, as it does not protect consumer rights and allow for abusive clauses that leaded to the forced auctioning off of homes.
Despite this, evictions keep happening, explained PAH Orihuela spokesman, José Andrés Berná, who indicated that just last week their association suspended two evictions in the city. They did this in the courts, which is why their latest action is aimed at the magistrates, “because they are the ones who apply the law in the end”.
Berná criticised the central government for only having “patched up” the law so that “it seems to be doing something to resolve this serious problem”
The association is demanding that the Government reform the Mortgage Law, based on the ECJ resolutions. In this sense, the Platform’s legal advisor, Julio Vicente indicated that there are three sentences of the ECJ – the first in 2013 – that uphold the PAH proposals and consider that the mortgage foreclosures being carried out “systematically violate human rights as in many cases they are evicted without a viable alternative”.