Chapter 24: Mortgage expenses imprescriptibility. in Essenzia Legal Abogados in mp3 (04/05 at 16:43:10) 06:27 69513111

Although we have already talked about this topic in our chapter 8 and 18 of the podcast, as well as we made a post on our blog.

The news about expenses arising from mortgage loans never ceases.

According to the last ruling of our Supreme Court dated January 20, 2020, the action to claim the amount of the expenses prescribed.

So many consumers, who have always had the opportunity to claim their expenses, were now forced to run or the deadline had already passed.

For legal relationships born after October 7, 2015: the new term of 5 years is applied, what happens is that the declaration of the state of alarm due to the COVID-19 pandemic was suspended the statute of limitations and expiration until which were raised on June 4, 2020. This has caused the statute of limitations that ended on October 7, 2020 to be extended until December 28, 2020.

All the lawyers that we took to the consumers knew that it was an unfair solution which is meaningless, since the restitution of expenses is an inherent effect of nullity, and nullity is imprescriptible.

Now it seems that again we have our CJEU on our side, but we have to wait for our TS and the provincial audiences to say again.

Again a window opens, to claim the expenses, in some cases the Supreme Court considered prescribed.

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