Seventeen years of conflict and ordeal while being innocent. “A true nightmare, since without eating or drinking it I found myself immersed in a situation that I had not sought,” explains MYP, a woman living in Ocaña, who has suffered some very difficult years derived from an insolvency situation in which she fell accidentally due to the non-payment of his ex-partner’s mortgage.
However, she is a debtor in good faith who has finally found a good judicial response, since the Commercial Court of Toledo has just issued a ruling in her favor exonerating this woman from a debt of 266,718 euros to Banco Santander. derived from the non-payment of the mortgage on a home that the couple bought in Villaviciosa de Odón for 371,000 euros before their separation.
The cessation of the relationship in 2006 resulted in an agreement before a notary for the dissolution of the community of property in which an agreement was reached for him to continue residing there and taking charge of the entire loan, but the bank was not present to give consent and did not expressly authorize the novation.
The affected woman had been in the hands of lawyers for some time, but decided to hire the services of Bergadà Asociados, a firm specialized in bankruptcy law that from the first moment was clear that this was a case with a debtor in good faith “who had been immersed in a situation of insolvency due to a fact of which she was not aware,” says lawyer Marta Bergadà, with which the procedure began and we had to wait a little more than a year due to the delay in the activity derived from the workers’ strike. Administration of Justice Lawyers until obtaining the response.
For her part, the Commercial Judge has issued an order in which she emphasizes that the affected party meets the requirements to access “the EPI, the Exoneration of Unsatisfied Liabilities”, since there is no doubt of her good faith and she has proven a situation of insolvency that he was not aware of, nor is there any known sanction in the last ten years, which is why he considers that he has the right “to obtain a second chance” thanks to the recent reform of the Bankruptcy Law, given that the debt corresponded to another person.
In this case, the affected person found out that her ex-partner was not paying the mortgage two years after their separation, just at the moment when she approached a bank to request a mortgage to purchase a new home. and they informed him that there was an outstanding debt of nearly 400,000 euros, including interest, on the mortgage that his ex-partner stopped paying, who for a time rented the home, but did not pay the loan.
The client of this law firm found it difficult to believe that she would have to assume that responsibility when an agreement had been reached before a notary two years earlier. “It is very important that when these decisions are made before a notary, you are also present so that she can give her consent, without which, the agreement does not affect them,” insists Bergadà.
Faced with such a situation of non-payment, Banco Santander foreclosed the mortgage and ended up auctioning the home, but the amount did not manage to pay off the debt either and an execution procedure was then followed against the affected party to pay the outstanding amount. The problem worsened because she could not afford the payment, her working hours had to be reduced to take care of her two children, and she feared that at any moment her payroll could be garnished.
This case illustrates a good example of the Second Chance Law to which this type of debtor can benefit.
2024-01-05 04:04:34
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