US EditionThe Supreme Ruled that Mortgages Affected by the Irph Must Be Analyzed on a Case-by-Case Basis to Determine Whether the Index Is "Abuseful"
10 Articles
10 Articles
On Wednesday, the Supreme Court issued one of the most anticipated decisions by banks and consumers on the Mortgage Loan Reference Index (IRPH), used to calculate the contributions of around one million mortgages and which for years proved to be more expensive than loans based on the eurobor. The Plenary Chamber of the Civil Chamber has ruled out declaring abusive and, therefore, annulling the generality of this type of variable index, on the un…
The Court of Justice of the European Union found that the clauses may be abusive if the transparency requirement was breached.European justice leaves the decision in the Spanish courts whether there was “sufficient” mortgage information.IRPH The Supreme Court has addressed the mortgages referred to IRPH and has concluded that there can be no univocal solution to their transparency, since their abusiveness will depend in each case on the terms of…
The Supreme Court concludes that the mortgages affected by the IRPH or the Mortgage Loan Reference Index cannot be given a "univocal" solution and that determining their "abuse" will depend on the specific circumstances of each loan, but also on each dispute, depending on "the facts that are proved in it." In two judgments dated 11 November, the Civil Chamber has analysed the validity of the clause following the ruling of the Court of Justice of…
The Civil Chamber has analysed the validity of the remuneratory interest clause referred to IRPH contained in mortgage loans.
Consumer and user organizations have expressed their concern at the recent doctrine established by the Supreme Court of Spain regarding mortgages referred to the Mortgage Loan Reference Index (IRPH). They consider that the high court has adopted a position favourable to banks, information that is of interest to Ceuta. In this regard, it should be recalled that the Supreme Court issued two judgments that conclude that it is not possible to offer …
Since the beginning of last month, thousands of people affected in Spain by the IRPH waited for the Supreme Court’s ruling or judgments in relation to IRPH mortgages. Consumers had...
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