The holder of the Court of First Instance number 25 of Valencia, specialized in mortgage litigation, has decided this Monday to suspend part of its activity after the judgment of the Supreme Court that contradicts the jurisprudence previous in the matter, a fact that qualify as "serious situation of legal uncertainty." This suspension has been notified in each of the judicial proceedings in the affected procedures, as reported by the Superior Court of Justice of the Comunitat Valenciana (TSJCV)
The titular magistrate, with the support of the four judges of reinforcement, has suspended the previous hearings and hearings in proceedings that are affected by this matter, the ordinary procedures in which action of nullity of clauses on expenses contained in deed of mortgage loan, tax of legal acts and request for reimbursement to the lender entity.
The judges are aware that the measure "will involve delays in the processing and resolution of matters, with the consequent prejudice that this entails for the parties" although they consider that the decision adopted is the most "responsible" in the current circumstances.
Last Friday, a day after the publication of this ruling, the president of the third room issued a statement in which, considering that this sentence represents a "radical turn in the jurisprudential criterion" and "given its enormous economic impact and social "it was agreed to annul all the accusations with a similar object and to convene a plenary session" in order to confirm whether said jurisprudential turn should be confirmed or not. "
According to judges specialized in the matter in the province of Valencia, "a serious situation of legal insecurity, given that the sentence contradicts the previous doctrine and establishes a new criterionwhose confirmation is questioned. "