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Supreme Court upholds the sale of business-to-business trade credits
The Supreme Court Backs the assignment of claims as a mechanism available to all creditors to indirectly recover what they are owed...
The Spanish Supreme Court rules on the standing in legal actions derived from securitised loans and mortgage-backed credits
The concept of “securitisation” appeared in Spanish legislation for the first time through Law 19/1992...
The necessary change in the treatment of default interest in the Insolvency Act.
Antonio García, Pérez-Llorca lawyer, writes for Expansión on the change in the treatment of default interest in the Insolvency Act...
The categorisation of the guarantor’s credit after the execution of the deposit following the declaration of insolvency proceedings
In the Spanish Supreme Court ruling handed down on 8 June, the Supreme Court determined the categorisation of the credit of a guarantor who has a mortgage guarantee...
The assignment of a claim, in respect of which there are legal proceedings to set aside a floor clause (cláusula suelo), is not to be considered an assignment of a disputed claim
The First Chamber of the Supreme Court has rejected the litigious nature of several mortgage loans assigned by Bankia to the Burlington Loan Management LTD fund...
Update on the law regulating real estate credit agreements
Analysis of the new features of Royal Decree 309/2019, which develops part of Law 5/2019, regulating real estate credit agreements...
Current account credit mortgages and requirements for the registration of enforcement agreements
Analysis of the requirements applicable to enforcement agreements on maximum current account credit mortgages, according to the resolution of the Directorate General of Registries and Notarial Offices...
Loss of status of the extension of a previously registered capped mortgage
On 14 May 2015, the Directorate General of Registries and Notarial Offices (“DGRN”) issued a resolution (the “Resolution”) ruling in favour of the loss of status of the extension of a previously registered capped mortgage...