SOME REFLECTIONS ON THE MORTGAGOR PROTECTION ACT

Abstract

This paper contains some thoughts regarding Act 1/2013 of 14 May. There is discussion of certain benefits that the law grants in cases where a mortgagor has mortgaged his or her home, especially the benefit of partial cancellation of the debt in foreclosure. Where capital gains are yielded at the disposal of the property at auction and must be shared, the law calls for a registration entry; this, too, is examined. The paper ends with a preventive proposal on the fascinating subject of abusive clauses in mortgage loans.