Has begun a process of execution against you, why the applicant has requested that we make the payment of the debt and notify the resolution initiating the enforcement. Here we report on a number of issues that may arise during the claim and may be of interest to you.
1 .- PAYMENT OF DEBT
2 .- AVAILABLE ON THE IMPLEMENTATION AGREEMENT
3 .- Acceleration and potential for rehabilitation loan (693 ART. LEC)
4 .- OPPOSITION TO THE EXECUTION.
5 .- CLAIM BACK THE SALE OF FARM MORTGAGE
6 .- LOSS OF POSSESSION OF THE FARM
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If paid in the requirement or before entry of the execution, will be the sum of money available to the performer, be issued to the executed proof of payment made and, where appropriate, it will terminate execution.
Although pay on the spot of the order, will be responsible for all costs incurred, although it can justify, on grounds that it is responsible, could not make the payment before the creditor promote the implementation.
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2 .- AVAILABLE ON THE IMPLEMENTATION AGREEMENT
If you come to some agreement with the performer or performing any type of payment on account of debt, make sure it has been made known to the court by the performer. While it does not say otherwise execution will not be paralyzed, being able to generate costs for which they could respond.
You should know also that the quantities to be delivered through the account of the Court shall be applied first to principal claimed, thus reducing the amount of interest on arrears. Only apply to interest and costs if, after deduction of the principal, these are determined by appropriate assessment or appraisal. At any rate, confirm this point with the court to take your case.
In any event, any amount delivered directly to your creditor without a receipt indicating that the concept be applied, stating that it intended to pay the debt claimed in court.
In addition, you can ask the court to convene a hearing in order to agree on the most effective embodiment of the property against which performance targets.
If the performer be agreed with the hearing and the court found no reasonable grounds for refusal, the agreed without suspension of execution, calling on the parties and those recorded in the process that might be interested.
At the hearing, may propose any form of realization of assets subject to execution and submit to person, entering or strengthening, offered to acquire the property for a price higher than expected could be achieved by judicial auction. Also fit to propose other forms of satisfaction of the right of the performer.
If it were an agreement between the performer and you, they will not cause injury to third parties whose rights protect this Act, the court will approve an order and suspend execution against the property or assets covered by the agreement. Also approve the deal, with the same suspensive effect, they include the compliance of the subject, other than performing and implemented, would affect those.
When certifying compliance with the agreement, implementation will be archived on the good or goods to be referred.
If the agreement is not met within the agreed period or, for whatever reason, not achieved the satisfaction of performing on agreed terms, he may ask to lift the stay of execution, and calls for the auction, as provided in this law.
If no agreement is reached, the hearing to try may be repeated, as provided in the first two paragraphs of this Article, if the circumstances warrant, a court, to the best performance of the property.
If the performer is no reason to deny that appearance you can report the possible abuse of rights, since those involved in all sorts of processes in their actions must conform to the rules of good faith and the courts are obliged to reject requests and incidents that are formulated with manifest abuse of law or involving fraud or procedural law.
In addition, the law allows that if the courts consider that a party has acted violated the rules of procedural good faith, may impose, giving reasons, and respecting the principle of proportionality, a fine may be between one hundred and eighty to six thousand euros.
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3 .- And Acceleration possibility of restoring the LOAN (lesson ART. 693)
The Act states that can only be claimed the entire amount owed for capital and interest if it had been agreed the total due if failure to pay any of the different terms and this agreement is entered in the Land Registry. This means that the creditor may claim not only the time you have left to pay but all that remains outstanding until the end of the loan, which will surely be a much higher amount for which payment can not service immediately.
First check if the pact, which is called "early termination" of the debt for non-payment of contributions is registered in the Land Registry for the purpose of being able to oppose the claim for lack of debt maturity that is being sought.
Even if they claim the entire amount owed for such a covenant is registered in the registry, you should know that if the mortgaged property is your homestead may, but do not want the institution to demand FREE GOOD by showing the exact amount of overdue principal and interest is pending on the date of filing the application, plus, where appropriate, with the maturity of the loan and default interest as they occur throughout the proceedings and all outstanding result or in part.
This means you can see for yourself or ask the Court to indicate what amounts were due as of the demand for unpaid bills (four, five or six months, whatever), and interest on arrears at the same date .
Once you do that, it will be the entity shall submit a final settlement of debt maturities including principal and interest paid during the execution. If this settlement was consistent with the enforceable and would not have entered the amount of the maturities included therein, the payment will be made to the plaintiff under the settlement resulting from the filed. If you do not agree to such settlement shall be entitled to challenge it, and be what it is resolved.
If you make the payment of all such amounts shall be paid the costs, in case he was forced to pay for lack of legal aid, and the court issue an order declaring the procedure is over, and you can continue paying the bills in successive manner specified by the mortgage deed to the end of the loan.
This power of what is called "rehabilitation loan" has it ONCE. If you stop attending the receipts back to be auctioned can turn your home without the possibility of rehabilitation.
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4 .- OPPOSITION TO THE EXECUTION.
In these procedures is only allowed when his opposition is based on the following reasons:
1. ª Extinction of warranty or obligation secured, provided that this certificate of registry expressive of the cancellation of the mortgage or, where appropriate, the non-possessory pledge, or deed of receipt of payment or cancellation warranty.
2. ª Error in determining the amount due, when the guaranteed debt is the balance that yields the closure of an account between performer and performed.
In this case, you must accompany your copy of the book in showing the seats of the account and only allowed the opposition when the balance throw the book is different from that resulting from the one presented by the performer.
Book need not be accompanied, where the proceedings relate to the balance resulting from the closure of accounts or similar operations arising from commercial contracts issued by credit institutions, savings or funding which has been agreed that the amount payable if the execution is specified in a certificate issued by the lending institution, but must be expressed with sufficient precision the points where they disagree with the settlement made by the entity.
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5 .- CLAIM BACK THE SALE OF FARM MORTGAGE
They also need to know that despite selling his house or premises may not be paid off the debt. So if the proceeds of the sale were insufficient to cover the credit (if requested one hundred thousand euros, plus interest and costs, and the auction will get ninety thousand), the player may request the seizure by the missing amount and continue execution under the ordinary rules applicable to any execution.
This means that if you have other real or perceived some type of fee may also be seized once sold the property to cover the total debt.
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6 .- LOSS OF POSSESSION OF THE FARM
Because it started implementing this procedure you do not lose the rights to the mortgaged property. You can only lose its management or ownership if the performer asks the court, after a period of ten days from the payment or from the office of enforcement.
Thus, the creditor may request that would give the interim administration or possession of the property or mortgaged. Charged in this case the rents due and unpaid, if they had stipulated, and the fruits, rents and subsequent products, thus covering the cost of maintenance and operation of the property and then his own credit.
For the purposes referred to above, the interim administration will notify the occupant of the property, a statement that is required to make the administrator should make payments to the owner.
Are you the occupant of his family home, or if the estate does not produce any income or gains the attention of the court put it when notified of the request of the creditor if it deems that the administration is not appropriate in this case.
