Our firm was successful in convincing the Provincial Court of Seville to annul an eviction due to a floor clause. The mortgage loan of our client, who had defaulted on more than 24 instalments of his loan, included an abusive clause with a floor of 3%.
In addition, the financial institution, in this case Banco Castilla La Mancha, will have to take responsibility for the situation.
Thanks to this final judgment, which prevents the recalculation of the instalments and forces the Banco de Castilla La Mancha to restart another procedure to urge the foreclosure, our firm has managed to increase the chances of success for those affected by the floor clause who have been evicted.
For Bufete Salmerón, this ruling, which follows the criteria of the Court of Justice of the European Union against the doctrine of the Supreme Court, and which has been in the news in different media, could open the door to further claims by those affected by floor clauses who have been evicted from their homes.