Another house saved with the reduction of the mortgage debt

Another debt restructuring plan approved.

It bears the signature of Dr. Marseglia Giuseppe, the sentence of approval of the Debt Restructuring Plan obtained at the Court of Bari, from another professional of the National Network of Crisis Professionalsspecifically by the lawyer. Filomena Baldino, better known to all as Avv. Floriana Baldino.

The ruling appears to be very interesting from many aspects, aspects which will be analyzed more specifically below.

In the case, two spouses, in the area of ​​Bari, had their property up for auction as a result of the serious economic and sector crisis recorded in the construction sector from 2002 onwards.

As a result of the serious construction recession mentioned above, family income, over the years, recorded an unstoppable contraction, and this no longer allowed the family to regularly pay the mortgage installments taken out for the purchase of their first and only home .

The father of the family, the only income earner within the family unit at the time of the facts, in order to continue working, or to try to ensure the family had at least a dignified standard of living, was forced to ask for new financing in order to pay taxes.

The new credit institutions, for their part, aware of the serious recession we were going through, and also aware of the unsustainability of the mortgage installment they were going to grant, required mortgage guarantees on the property from the taxpayer.

They therefore granted a specific loan, that is, the loan best known to all as a liquidity loan.

However, as could be expected, the man, unaware that the economic crisis would be much more serious in the following years, was no longer able to pay the installments of the new mortgage granted, installments much higher than the previous ones, so that his property, immediately after the serious pandemic, and precisely in 2023, it ended up at auction.

In a desperate attempt to save the property, the debtor turned to a lawyer Floriana Baldino, in order to evaluate the best strategy to save the property.

It was therefore decided to start an over-indebtedness procedure, specifically the debt restructuring plan.

In the appeal, all the irregularities and nullities found in the loans granted were highlighted, and the Delegated Judge was asked to restructure the family’s debt in a sustainable manner, with the total elimination of a large part of the accumulated debts, including those deriving from the mortgage. mortgage.

The Delegated Judge, Dr. Giuseppe Marseglia, adhering without reservations to the historical reconstruction made by the undersigned lawyer on the genesis of the loans granted, a reconstruction also reported in the manager’s report, specifies in the sentence: “In fact, despite the economic imbalance experienced by the debtors for the reasons set out above, two special purpose loans with mortgage guarantees were granted first in 2006 and subsequently in 2015. With reference to the special purpose loan contracted in 2006, an indication of an incorrect assessment of creditworthiness was the claim to guarantee a second degree mortgage and the subjection of this loan to the provisions of the land credit provided for by the articles. 38 TUB.

Similar considerations also apply to the loans granted by BPB in 2009… Finally, BPB’s attitude with reference to the disbursement of the loan granted to the appellants in 2015 appears worthy of censure. Indeed, from the documentation produced in the documents it clearly emerges that, faced with a lower income than in previous years, a mortgage was granted for an even higher amount.

To aggravate the events described above, it is clear that BPB failed to cancel the mortgage in its favor deriving from the 2006 mortgage deed, despite the mortgage being repaid, with the consequence that any creditor had carried out the appropriate investigations to evaluate the initiation of enforcement procedures to the detriment of the debtors would have found a first and second degree mortgage in favor of BPB. For the reasons set out above, it is to be considered that Banca Popolare di Bari, for the purposes of granting the loans, did not take into account the creditworthiness of the debtors, assessed as required by art.68, with consequent application of art. 69 co. 2 CCII towards the transferee company that succeeded it. PQM … approves the consumer plan presented”.

Another great victory for the professionals of National Network of Crisis Professionals

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