COVID 19.- MORTGAGES and PERSONAL LOANS. Protection of natural persons

14/08/2020

Protection is extended to the self-employed, businessmen and professionals with respect to the properties affected by their economic activity, and the moratorium on non-mortgage loans for vulnerable people is extended

MORTGAGE LOANS 

The moratorium is applicable for mortgage loans contracted for the acquisition of the habitual residence of individuals, properties affected by the economic activity of businessmen and self-employed persons, homes other than the habitual one that are rented, if the mortgagor is a natural person, owner and lessor of said dwellings, provided that they have stopped receiving the rental income since the entry into force of the State of Alarm or stop receiving it up to one month after its completion.

Entrepreneurs or professionals can only benefit from the mortgage moratorium in the event of a situation of economic vulnerability: they suffer a loss of income or a drop in their billing of at least 40%. 

That the natural person, potentially beneficiary, becomes unemployed and the loan affects his habitual residence. 

LOANS WITHOUT MORTGAGE GUARANTEE.

The important novelty of RDL 11/2020 lies in admitting, also, the temporary suspension of the obligations derived from any loan or credit if the debtor is a natural person who is in a situation of economic vulnerability as a consequence of the health crisis caused by the Covid 19. This Royal Decree does not differentiate the specific purpose of these personal loans, it is enough that it is a credit without mortgage guarantee that is in force at the entry into force of the regulation (2-4-20), and that it had been contracted by a natural person who is in a situation of economic vulnerability due to Covid 19. The common period of suspension established is three months, which can be extended by Agreement of the Council of Ministers.

JUDICIAL MORATORIUM

The Royal Decree also establishes a judicial moratorium for claiming these loans in the event of non-payment, and the bank cannot claim any of the elements that make up the installment (capital and interest amortization) in whole or in part. Mortgage loans no longer apply the clause for early maturity due to non-payment during these three months. In no case during the suspension period may the Bank demand payment of the monthly receipt, or any type of ordinary interest or late payment. In addition, the expiration date provided for in the contract will be extended, as a consequence of the moratorium, for its duration, without any modification to the rest of the agreed conditions.

FORMALITIES

The agreement of the parties is not required for the suspension of a loan, nor any contractual novation. The suspension will take effect from the request of the debtor to the bank accompanied by the supporting documentation of the vulnerability.

In the case of mortgage loans, it must be formalized in a public deed and registered in the Property Registry. These deeds will be exempt from the IAJD if they are loans for the acquisition of the habitual residence. The lack of formalization of the public deed will not affect the moratorium, which must be applied within 15 days from the request. 

GUARANTORS and GUARANTORS

The guarantors and/or guarantors of a mortgage loan who have mortgaged their habitual residence for it to grant the loan to the debtor, if they are in a vulnerable situation, will also benefit from the moratorium. Guarantors, guarantors and mortgagors who are not vulnerable debtors may also, before claiming the guaranteed debt from them, demand that the bank direct its claim, first of all, against the principal debtor's assets. The guarantors and/or guarantors to whom the suspension of non-mortgage loans is applicable may demand that the bank exhaust the assets of the main debtor before claiming the debt from them, even if they had expressly waived the benefit in the loan contract. of excursion.

REQUIRED DOCUMENTATION

In the case of unemployment, the certificate issued by the benefit management authority with the monthly amount received. In the event of cessation of activity of self-employed workers, the certificate from the AEAT or from the corresponding regional body. The number of people who live in the home will be accredited by means of the Family Book or document certifying domestic partnership, certificate of registration and, where appropriate, the declaration of disability, dependency or permanent incapacity to carry out a work activity. The ownership of the properties by simple note of the index service of the Property Registry of all members of the family unit, rental contract or documents that prove the condition of the property to economic activity. In the event that the applicant cannot provide all the supporting documentation, it will suffice to submit a responsible statement regarding compliance with the requirements to be considered without sufficient financial resources.