The Murcia Provincial Court, section 4, has declared the nullity of a multi-currency mortgage due to abusiveness and lack of transparency, eliminating any reference to the multi-currency clause of the mortgage loan and referring the interest to EURIBOR, condemning the banking entity Caixabank, S.A. to the payment of what is received by application of said clause.
The Judgment says that the bank does not certify that it provided the pre-contractual information necessary for those affected to know the nature and risks linked to the clause on currencies and, fundamentally, on the fact that the fluctuation that its application could imply could affect not only the interests that are produced, but the principal borrowed. There is no documentary support for pre-contractual information, the reference to the notarial deed being insufficient, which does not guarantee that those affected could assess the economic and legal burden of said clause.
This determines the abusive nature of the clause, which is contrary to the requirements of good faith, since consumers were unaware of the serious risk involved in said contracting, rejecting that subsequent acts of the borrowers who applied the aforementioned clause in the terms prescribed by the borrower may distort the conclusions previously reached, since they could only be aware of what was actually contracted when the serious economic consequences that it entailed was evidenced.
For the Attorney Magdalena Rico Palao of the platform eliminarhipotecamultidivisa.es, which has taken the interests of the consumer, the Bank breached the obligation to deliver both the informative brochure and the binding offer. Moreover, it did not provide any information on the particularities of the multi-currency mortgage and its enormous risks, so the bank client ventured into signing this toxic product, which carries the risk of unlimited debt to the Bank (risk of ruin) . In this case, the patrimonial damage of the clients that they will recover exceeds 80,000 euros.
Digital newspaper “Lawyerpress NEWS“.
Publication date: 22/06/2020
Tel. 900 69 65 25 – 968 79 33 80 – 678 20 30 80 (Magdalena Rico Palao)