TheCongress groupsThey have agreedreduce the commissions for early amortizationof a mortgage in the new mortgage law, but have not yet defined the scope of retroactivity, in order to prevent the entry into force of this rule activate judicial proceedings that are paralyzed.
In any case, the groups have concluded the presentation of this norm andthey will vote on the amendments that are 'alive'first in the commission called for next December 11 and, later, in the last Plenary of the year, foreseeably on December 20.
Thus,Congress would send the law to the Senate before the end of the year,the processing of the project began in the Upper House in February. At the request of the Government, the passage of this rule by the Senate will be by the emergency procedure, which shortens the deadline by half.
During the session on Tuesday, the groups have decided to limit the commissions that the consumer must pay to return a mortgage loan prematurely. The project taken to Congress by the then ministerLuis de Guindos distinguished these commissions according to whether they were of a fixed and variable typeon the capital repaid early.
For those of variable type it was contemplated to eliminate them from the fifth or third year, as agreed by both parties, with amaximum cost of 0.25% or 0.50%, respectively. In the new law, these limits are set at 0.15% and 0.25%.
In the case of mortgages at a fixed rate, the early redemption fee was differentiated by 4%, if the commission was made in the first ten years and from 3% since then.The new law reduces this cost by half,by limiting it to 2% in the first ten years and to 1.5% since then.
Another of the modifications incorporated in the novation of credits is the cost of moving from a mortgage to a variable rate and a fixed rate, which becomes 0.15%. In the bill was set at 0.25%.
Subrogation based on interest charged
Another of the changes introduced this Tuesday is the one referred to thesubrogation of mortgages, since it has opted to make a distribution of the costs involved in the formalization of a mortgage between banks. These new conditions of subrogation of mortgages -initially it was not contemplated- are established after the changes in the tax of documented legal acts and the distribution of expenses contemplated in the law.
And is that the groups feared ahardening of credit conditionson the part of the banks to prevent that, before the increase of the expenses of constitution, it would compensate more to carry out subrogations than to formalize mortgages.
This distribution, as reported by the groups, will include all the expenses contemplated in the new law that the bank must assume and will be made proportionally according to the interest charged and pending collection, since the distribution of these is not regular throughout of the life of the credit.
How to avoid the activation of suspended executions
The main task pending of the groups will be to resolve before sending to the Senate the norm in two weeks the scope of the retroactivity in the new norm, before the possibility that thenew conditions on early maturitycould affect foreclosures currently suspended in the courts, pending the resolution of the preliminary ruling in the Court of Justice of theEuropean Union.
"We all agree that we should not unblock all the processes that are currently pending the ruling of the CJEU", has guaranteed theSocialist spokesman for Economy, Gonzalo Palacín,that at the end of the presentation he assured that "the agreement is practically closed" and that it is "a matter of style". Thus, thePSOEhas presented a proposal to guarantee, both in the explanatory memorandum and in a transitory provision, that the retroactive scope of the rule does not allow these procedures to be unblocked.
"The groups are working on a proposal to try to fulfill what theMinister Nadia Calviñothat it does not apply to the foreclosure proceedings that are in progress and there is no final wording, "he added, for his part, the deputy of Podemos Rafa Mayoral, who has advanced his group will not participate in this agreement because his position , defended in these debates and not accepted, is that "it should be guaranteed to return the money to the people".
"It's not the text we would have wanted, obviously.it is a much better text than the one that entered this paper", has argued, for his part Palacín, who has argued that this" is in part thanks to the management that has made the PSOE, relying on the Government. "
Limit the debtor's responsibility?
What the regulation does not contemplate, Mayoral insisted, is to limit thepatrimonial responsibility of the consumerthe amount of the mortgaged property, as defended by his group, which had taken several "protection" formulas to the debtor as the payment in kind, and which have been rejected during the presentation phase.
And is that, despite this refusal of Congress,the commission that has investigated the financial crisisit has included among its proposals the need to guarantee the limitation of patrimonial responsibility to the amount of the mortgaged property "in a general and obligatory manner".
"Although when they reflect on the crisis, they believe that measures must be taken tolimit the liability to the mortgaged property,when it touches, they are not ready ", lamented the deputy of Podemos, charging against a" double discourse "of the rest of the formations.