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Government extends suspension of mortgage evictions until 2028

  • Fifteen years of extensions is a de facto repeal of the standard.

The Council of Ministers has approved, at its meeting of May 14, 2024, to extend until May 15, 2028 the suspension of mortgage evictions for debtors in vulnerable situations, a rule that expired this week. The legal text will be the same as that approved in 2020 and will be in the nature of a Royal Decree Law.

This measure has its origin in Law 1/2013 to strengthen the protection of mortgage debtors, debt restructuring and social renting, approved during the Rajoy Government to alleviate the effects of the 2008 economic crisis. Since then it has been updated and expanded several times, most recently in 2020.

The Law will thus reach 15 years of continuous extension, which, in the opinion of the firm Thomás de Carranza Attorneys at LawThis is “a de facto derogation of the rule. It is a hardly justifiable way of protecting the tenant who has not been given a solution by the Administration in all that time. In addition, the landlord is punished by being burdened with the responsibility of bearing it without any compensation whatsoever”.

The regulation affects people in a situation of special vulnerability and risk of social exclusion. It applies to family units when the mortgagor is unemployed or over 60 years of age, victims of gender violence or single-parent units with a dependent child, among others.

In addition, in order to benefit from the protection established by the Royal Decree, the household income must not exceed three times the annual Public Multiple Effect Income Indicator (IPREM) for 14 payments, which stands at 8,400 euros. This limit rises to four times in cases of dependency, illness or disability and five times in particularly serious circumstances.

In this regard, it is important to note the difference between an eviction and an eviction: An eviction is the judicial proceeding that may end with an eviction order; on the other hand, an eviction is the action of eviction by court order. Not all foreclosures are necessarily evictions, since there areforeclosures that do not affect a home, such as a parking space, a property or commercial premises, among others.

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