FACUA expects judges to archive foreclosures unless the user objects

Following the ruling published on Tuesday by the Court of Justice of the European Union (CJEU), FACUA-Consumers in Action expects Spanish judges to archive all foreclosure proceedings that are already in progress except in those cases where users expressly request they carry on.

FACUA believes that the ruling of the CJEU can favour thousands of families if the judges follow one of the criteria established in it, that of maintaining the validity of the mortage loan contracts in case they declare the early termination clause as void due to its abusive nature. In this sense, the European High Court argues that if the aforementioned clause is not essential for the development of the contract, only the foreclosure procedure should be continued if the consumer requested it, understandi