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viernes, 18 de marzo de 2011

NEW RULING WHICH SENTECES THE ANNULMENT OF MINIMUM INTEREST RATE CLAUSES FROM MORTGAGES

Later last year the Court of Seville sentenced for the first time the annulment of minimum interest rate clauses (MIRC) included by several Banks on the mortgages' deeds (BBVA, Caja de Ahorros de Galicia, Cajamar y Cajamar Caja Rural).

Just a few weeks ago we were reported that the greatest class action against MIRC from mortgages was provisionally admited by the Mercantile Court from Seville.

Today a new ruling about the minimum interest clauses has been released. The decision comes this time from the Leon's Mercantile Court, and basically accepts the grounds of the previous sentences: the MIRC are out of step with the maximum interest rate clauses, which could be hardly undertaken by customers and are unconnected to the reality.

The consequences of the annulment are that the parties get restored to their original positions, so any extra interest charged by the Banks pursuant to those "tricky" clauses must be refunded to customers.

Several customers associations have reported that about 4 million Banks' customers are affected by minimum interest rates clauses. We would advise anyone affected to join any of the ongoing actions or bring a new one, and take advantage of this legal trend. My Firm ist currently representing a large group of customers who are claiming for the annulment of the MIRC established on their mortgages' deeds, and we would be please to guide you and advise you throughout the legal process.

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