{"id":17431,"date":"2018-10-15T11:11:00","date_gmt":"2018-10-15T11:11:00","guid":{"rendered":"https:\/\/www.cbleon-abogados.com\/?page_id=17431"},"modified":"2018-11-19T16:03:45","modified_gmt":"2018-11-19T16:03:45","slug":"nullity-of-interest-rate-reference-irph","status":"publish","type":"page","link":"https:\/\/cbleon-abogados.com\/en\/nullity-of-interest-rate-reference-irph\/","title":{"rendered":"Nullity Of Interest Rate – Reference IRPH"},"content":{"rendered":"

[vc_row][vc_column][vc_empty_space height=”11em” alter_height=”none” hide_on_mobile=””]

ABOGADO<\/div><\/div>

NULLITY OF INTEREST RATE
REFERENCE IRPH<\/h2><\/div>[vc_empty_space height=”1.3em” alter_height=”none” hide_on_mobile=””][\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text]T<\/span><\/p>\n

he Fourth Section of the Hearing of Las Palmas today issued the first order agreeing the suspension of a proceeding in which the allegedly abusive nature of the Mortgage Loan Reference Indexes (IRPH acronym in Spanish) clause is demanded, having on record that The European Commission has informed the Court of Justice of the European Union, in a lawsuit brought by a Court of Barcelona, \u200b\u200bin favor of declaring the nullity of this clause, considering it “abusive.”<\/p>\n

In many mortgage deeds it was established that the interest rate to be applied will be a reference called IRPH which comes to be the regular interest mortgage loan obtained from an average of banks.<\/p>\n

Two weeks ago, the European Commission sent to the Court of Justice of the European Union (CJEU) a report <\/a> in which it was considered that the reference index of mortgage loans<\/a> (IRPH), with which the interest rate of mortgage loans is marked, it should be declared null and void if it was commercialized without due transparency.<\/p>\n

Several Provincial Hearings of Spain, such as Madrid, \u00c1lava, Vizcaya, etc, had established the illegality of this clause, on the understanding that the clause leaves them in a situation of imbalance especially when at the time of the facts, the entities were already aware that it was “more convenient” to adjust the loans to the Euribor “no matter how small the difference”.<\/p>\n

At the end of 2017, the Supreme Court<\/a> considered that the IRPH was a valid criterion for measuring the mortgage interest rate, even comparing it with the Euribor, so that the judicial pronouncements that had existed until that moment were already very conditioned and it was thought logically that when they arrived at the Supreme Court they would be dismissed.<\/p>\n

Now the position of the European Commission, gives a new encouragement to all claims based on this concept that practically will be the vast majority of deeds.<\/p>\n

In those deeds where it is established this IRPH, it can be said that the overcharged interests are very high, so if several years have passed you can claim very important amounts of money.<\/p>\n

From our experience, we advise not to negotiate with bank entities because the bank’s agreement is not usually the most beneficial for those affected<\/strong>; with these pacts you may be signing a new interest rate equal to the one you had been paying with the IRPH, you may be waiving to receive the overpaid amounts from the formalization of the mortgage and, above all, you may be waiving your right to claim those amounts in a future.<\/p>\n

If you send us your deed we will review it without any cost and we will check if you have this clause and we will make a study of the extra money that the bank has charged you, and what can be saved from now on, and all this for free.[\/vc_column_text][vc_empty_space height=”7em” alter_height=”none” hide_on_mobile=””][\/vc_column][\/vc_row][vc_row full_width=”stretch_row_content_no_spaces” scheme=”dark” css=”.vc_custom_1533114796834{margin-right: 0px !important;margin-left: 0px !important;background-image: url(https:\/\/www.cbleon-abogados.com\/wp-content\/uploads\/2018\/08\/calltoaction_bg.jpg?id=1468) !important;background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}” el_class=”call-to-action-llamar”][vc_column][vc_empty_space height=”6.6em” alter_height=”none” hide_on_mobile=””]

First consulation
is free<\/h3><\/div>[vc_column_text]<\/p>\n

Call us without any obligations<\/dfn><\/p>\n

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Call now<\/span><\/span><\/span><\/a><\/div>[vc_empty_space height=”6em” alter_height=”none” hide_on_mobile=””][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"

[vc_row][vc_column][vc_empty_space height=”11em” alter_height=”none” hide_on_mobile=””][vc_empty_space height=”1.3em” alter_height=”none” hide_on_mobile=””][\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text]T he Fourth Section of the Hearing of Las Palmas today issued the first order agreeing the suspension of a proceeding in which the allegedly abusive nature of the Mortgage Loan Reference Indexes (IRPH acronym in Spanish) clause is demanded, having on record that The European Commission has informed the Court of Justice of…<\/p>\n","protected":false},"author":7,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_joinchat":[],"footnotes":""},"class_list":["post-17431","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/pages\/17431","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/comments?post=17431"}],"version-history":[{"count":0,"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/pages\/17431\/revisions"}],"wp:attachment":[{"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/media?parent=17431"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}