REASONS FOR SUSPENDING A MORTGAGE EVICTION

Since the entry into force of Royal Decree-Law 1/2024 of May 14, amending Royal Decree-Law 6/2012, of March 9, on urgent measures for the protection of mortgage debtors without resources, and Law 1/2013, of May 14, on measures to strengthen the protection of mortgage debtors, restructuring of debt and social rent, an eviction (launch) for non-payment of a mortgage can be suspended, provided that the mortgage debtor is in the following cases, considered of special vulnerability:

A) Large family, in accordance with current legislation.

B) Single-parent family unit with at least one child in charge.

C) Family unit of which a minor is part.

D) Family unit in which one of its members has recognized a degree of disability equal to or greater than 33 percent, situation of dependence or disease that permanently incapacitates him to carry out a work activity.

E) Family unit in which the mortgage debtor is unemployed.

F) Family unit with which they live, in the same home, one or more people who are united with the mortgage holder or his spouse by kinship bond up to the third degree of consanguinity or affinity, and who are in a personal situation of disability, dependence, serious illness that incapacitates them temporarily or permanently to carry out a work activity.

G) Family unit in which there is a victim of gender-based violence. H) The debtor over 60 years of age

The person who is in this situation must present a brief in court, preferably signed by a lawyer and prosecutor (a lawyer of the ex officio shift can be requested) in which this situation is justified and provide the judge with the supporting documentation.

The government has extended the suspension of evictions until 2028

Author: J. Escobedo

I am a member of the Tenerife Law Society since 1989 with a dedicated team for anyone who needs an immediate answer or long term solution to any practical or legal issues appertaining to any property or business investment in Spain. If you have decided to move to Spain to start a new life, whether that´s buying a property or a business, then you will definitely need the services of a good Spanish Lawyer who is fully conversant with Spanish protocol and who has a good command of the English language. I am based in the south of Tenerife and I am specialist in Property Law, Inheritance issues and taxes as well as Tenerife and Canarian law and a great deal more. ABOUT MY STAFF All my friendly and professional staff are fluent in English. We have been working for foreign clientes for over 30 years in Tenerife, providing legal advice and litigation services to all our clients investing throughout the whole of Spain and we pride ourselves on providing a high quality service to our clients in the form of clearer communication and advice.

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