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Better news.....
....for deep in debt households, maybe not so good for the banks, should it come to pass.
http://elpais.com/elpais/2013/06/09/...65_228936.html |
Re: Better news.....
According to Spanish legislation, foreclosing a home does not end a borrower’s financial obligations if the house is sold for less than the full mortgage amount. |
Re: Better news.....
Originally Posted by jimenato
(Post 10749301)
Isn't that the same in the UK?
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Re: Better news.....
Originally Posted by jimenato
(Post 10749301)
Isn't that the same in the UK?
Or it is a 'if you think it's crap here, it's even worse in the UK' comment ? We attempted to buy a repossession in the UK a few years back and their was legislation to stop the bank/building society/estate agents from flogging it off below market value. |
Re: Better news.....
My understanding is that the EU demanded that Spain prohibit banks from foreclosure terms demanding the mortgage holder pay the full amount of the mortgage, even though the bank retains full ownership of the property.
In other words, you don't get your equity back if you are foreclosed upon. The bank takes the house, sells it, but you're still on the hook to pay the full mortgage. So the bank can make almost double if they foreclose and sell. This, by definition, is a clear conflict of interest. Yet, until recently, it's been perfectly legal. EU now says "get your banks trading fairly, or we won't be buying any more of your worthless bonds at twice their value". |
Re: Better news.....
Which has to be a good thing no matter which country.
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Re: Better news.....
Originally Posted by jennieJ
(Post 10749560)
What difference does that make ? Surely we are concerned with Spain:huh
Or it is a 'if you think it's crap here, it's even worse in the UK' comment ? We attempted to buy a repossession in the UK a few years back and their was legislation to stop the bank/building society/estate agents from flogging it off below market value. |
Re: Better news.....
Originally Posted by amideislas
(Post 10749629)
So the bank can make almost double if they foreclose and sell.
Nobody "makes double" ... all that happens is that the bank gets back whatever it can against the loan it made - it certainly never makes a profit on the process. |
Re: Better news.....
Originally Posted by jennieJ
(Post 10749560)
What difference does that make ? Surely we are concerned with Spain:huh
Or it is a 'if you think it's crap here, it's even worse in the UK' comment ? We attempted to buy a repossession in the UK a few years back and their was legislation to stop the bank/building society/estate agents from flogging it off below market value. The article is saying that the EU parliament is censuring Spain for its banking/mortgage practices. This surprised me because, as described in the article, they are the same as I understand them to be in the UK. So why is Spain being pulled up for it when the UK isn't? |
Re: Better news.....
Originally Posted by agoreira
(Post 10749698)
You godda laff, ain't you? How many times have we seen, "whats that got to do with Spain" if someone suggest something might be a tad better in UK, but seemingly it's OK to try and rubbish UK. ;-) Even if they haven't got the facts correct.
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Re: Better news.....
Originally Posted by amideislas
(Post 10749629)
My understanding is that the EU demanded that Spain prohibit banks from foreclosure terms demanding the mortgage holder pay the full amount of the mortgage, even though the bank retains full ownership of the property.
In other words, you don't get your equity back if you are foreclosed upon. The bank takes the house, sells it, but you're still on the hook to pay the full mortgage. So the bank can make almost double if they foreclose and sell. This, by definition, is a clear conflict of interest. Yet, until recently, it's been perfectly legal. EU now says "get your banks trading fairly, or we won't be buying any more of your worthless bonds at twice their value". |
Re: Better news.....
Originally Posted by pete_l
(Post 10749742)
The bank sells the house to clear the outstanding mortgage that it holds - the house being the security against which the loan was made. If there is money left over after that has been done (and the bank's costs paid) then that goes to the mortgagee. If not, there's still a debt to be paid.
Nobody "makes double" ... all that happens is that the bank gets back whatever it can against the loan it made - it certainly never makes a profit on the process.
Originally Posted by jimenato
(Post 10749841)
So why is Spain being pulled up for it when the UK isn't? |
Re: Better news.....
Originally Posted by pete_l
(Post 10749742)
The bank sells the house to clear the outstanding mortgage that it holds - the house being the security against which the loan was made. If there is money left over after that has been done (and the bank's costs paid) then that goes to the mortgagee. If not, there's still a debt to be paid.
Nobody "makes double" ... all that happens is that the bank gets back whatever it can against the loan it made - it certainly never makes a profit on the process. |
Re: Better news.....
Originally Posted by amideislas
(Post 10749851)
... Because Spanish mortgage law was unfair. |
Re: Better news.....
Originally Posted by jimenato
(Post 10749859)
Not as described in the article - it was the same as the UK. Was the article wrong then?
It was a big scandal here a couple of years ago. I haven't bothered to google the specific articles, but I recently spoke with an immobiliaria friend who said Spain now prohibits this kind of predatory mortgage policy due to the said EU clampdown (I remember reading an article about it some time ago). She also mentioned that most of the victims of these predatory mortgages always had every legal right to appeal for the return of their equity, but only if they filed the appeal prior to the foreclosure. But following a foreclosure, most victims were focused on how to pick up the pieces of their shattered lives, were left with little money, and never knew they had that right, and therefore, many unwittingly and unnecessarily agreed to those terms simply by inaction. Since it wasn't illegal at the time, they now have no recourse. The good news is that this all seems to be behind us now... |
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