THE TACIT REPEAL OF ROYAL DECREE LAW 27/2012 OF 15 NOVEMBER, ON URGENT MEASURES TO INCREASE THE PROTECTION OF MORTGAGORS, BY CHAPTER I (SUSPENSION OF EVICTIONS) OF THE ANTI-EVICTION LAW.

Abstract

Law 1/2013 of 14 May has tacitly repealed Royal Decree Law 27/2012 of 15 November, which regulated the suspension of evictions for particularly vulnerable mortgagors. But at Chapter I it envisages just such a measure, extending its subjective scope and amending the timeframe of application. Furthermore, it expressly declares that subsequent enforcement under ordinary circumstances for the outstanding debt following mortgage foreclosure shall not be suspended despite the eviction being halted. Meanwhile, it does not establish differences between mortgagors when it comes to determining the default interest they are to pay for the outstanding debt following mortgage foreclosure. Finally, the law envisages the creation of a social housing pool for mortgagors who have been evicted as a result of mortgage foreclosures arising from failure to repay the mortgage debt, provided that these persons are deemed to be in a situation of social vulnerability as envisaged at article 1 of Law 1/2013, and that they were not able to take advantage of the measures under Royal Decree Law 27/2012, either because they were evicted from their homes prior to its entry into force, or because they were families excluded from the scope of application of the said law, but who now do meet the new requirements concerning the personal scope of application of Chapter I of Law 1/2013. Also in the case of mortgagors who find themselves in other situations of social vulnerability, where the exceptional circumstances of the case justify this and are duly established.