Arrive during the remedial work and modifications to the decree mortgages of which we told you a few days ago, designed to respond to criticism coming from many sides and making more “to measure citizen” transposition of the European directive on mortgages comes from ‘ Europe. The Democratic Party has, in recent hours and simultaneously to the strong protests of the Movement Five Stars, presented the proposed amendments, the Government has indicated its intention to transpose.
First of all, will be 18 and not 7 the installments that will trigger the arrears and will allow the bank to sell the house. Differently from that stated in the first instance, these new rules will not apply to contracts already in place, even in the event of subrogation.
Another change: the move from the auction sale without judicial will be possible only if the borrower had, together with the signing of the loan, chose to insert the clause of non-performance. The decision will be supported by the assistance of an expert who, with supervision provided by the Bank of Italy, will have to guide the citizen in his choice.
Finally, if you really come to the sale, this will automatically result in the cancellation of the debt of the owner with the bank, even though you are sitting in a position where the value is less than the remaining unpaid debt; conversely, if the value exceeds the surplus goes to the owner. This confirms the prohibition of “agreement of forfeiture” is enshrined in Article 2744 of the Civil Code, but yes give the written rules for so-called “long march”.
The so corrected text should be voted by the Finance Committee in the coming days. We’ll see what happens.