CONSECUENCIAS LEGISLATIVAS DEL AUTO DE 17 DE DICIEMBRE DE 2010, DE LA AUDIENCIA PROVINCIAL DE NAVARRA. EL REAL DECRETO-LEY 6/2012, DE 9 DE MARZO, DE MEDIDAS URGENTES DE PROTECCIÓN DE DEUDORES HIPOTECARIOS SIN RECURSOS.

Abstract

The uproar aroused in scholarship and case law particularly by the ruling of Section 2 of the Navarra Provincial Court of 17 December 2010 has given rise to three legislative developments. First, the mortgage foreclosure procedure has been changed and a larger amount of wages is now immune to attachment when foreclosure is carried over into proceedings against other assets the borrower owns besides the auctioned, mortgaged property. Second, Royal Decree Law 6/2012 of 9 March on urgent measures to protect distressed mortgage borrowers has been enacted. Third, with future mortgages in mind, certain legislative provisions have been made to increase consumer information and transparency and prudence in contracts, on the basis of section 29 of the Sustainable Economy Act. The former two legislative developments are subjected to particularly close examination, and emphasis is placed on how mortgage borrowers' situation is improved by the development, which was in turn fostered by case law.