by Mar. Ros.
They seek mediation with the bank which does not want to negotiate on the claimed credit and start the legal process to oppose the execution, requesting, without obtaining it, its suspension. Only after five years did a judge decide that the credit institution was not entitled to proceed with the execution, but in the meantime the foreclosed house ended up at auction. They lost her. This, in a nutshell, is the story involving a family from Spoleto who lost a real estate asset of undisputed value, in this case also emotional, for money that the bank was not entitled to ask for.
Rita Petricca Judge Paolo Mariotti of the Court of Spoleto issued the ruling last October with which the opposition to the forced execution order, dated 2019, was upheld for a credit, initially of 30 thousand euros then increased with interest up to over 75 thousand, which a credit institution claimed to boast towards the customers in question. The lawyer Rita Petricca of the Terni Court is handling the case for the Spoleto family.
Foreclosure and foreclosure The matter originates from a writ of injunction dating back to 2018, promoted by virtue of a land loan contract stipulated way back in 1998 (inherited by the parties now involved), and the subsequent deed of real estate foreclosure on the mortgaged property. The lawyer immediately moved to contest the admissibility and validity of the bank’s right to initiate the enforcement action, noting the non-existence of the enforcement order, but saw the request for suspension rejected by the enforcement judge of the same Court. of Spoleto.
This house In the meantime, five years have passed to reach the judgment on the merits. Only a few days ago, the Court expressed itself by recognizing that, technically, given the absence of payment receipt documents, the execution undertaken by the bank is to be considered illegitimate. In the meantime, however, the foreclosure cost the family the loss of the house, which was sold at auction. In this regard, the lawyer Petricca underlines: «It is clear that there is an unacceptable flaw in the judicial system. It is shameful for a family to lose their home for an amount demanded by a bank without having any title to it. The contracting parties – he adds – to assert their reasons, are forced to produce rivers of documents; the bank only needs a self-certification signed by the director.” For this case the compensation judgment will be activated; to be calculated, in addition to the value of the property, the moral damage.
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