The choice of the mortgage: when the interest is high, it should not be paid

06 Aug

Is there really a possibility of not paying the loan installments and getting out of it? Yes, if the interest has exceeded the usury threshold. According to the inquiry conducted by the experts, some recent sentences have given reason to the current account holder , against the bank.

The usurious interest rate

mortgage loan

The current law on usury establishes that interests are considered usurious when they exceed 50% of the average rate, determined by the Treasury Ministry every quarter, with a specific decree. All the costs of the loan must be considered for usury.

When the interest on the loan exceeds the usury threshold , the contractor is required to return only the paid-up capital to the bank. As established by the Court of Viterbo, this can happen even if the usury threshold is exceeded only by default interest, and no consideration. In fact, the law on usury does not distinguish between the various forms of interest.

Methods of granting the loan

Methods of granting the loan

The money-lending rate changes according to the specific transaction carried out: there is no universal one, but several, based on the different methods of granting the loan. In addition to the possible problems related to the too high rate, there are specific situations in which a loan and surety agreement can be declared invalid. For example, if the signature of one of the spouses is missing, in the case of a joint loan.

Get a debt relief with the bank

Get a debt relief with the bank

For those who have problems and are no longer able to pay the loan, or to try to obtain a substantial debt reduction , we can verify any illegitimate behavior on the part of the lender, and take legal action.

There is also the famous – and often poorly exploited – law to save suicides , with which an attempt is made to obtain a substantial cut in debt by using legal means. It will be necessary to prove before a Court that they have not borrowed for their own fault, and that they do not have sufficient financial resources to be able to repay their debt.

A further possibility is to request an appraisal in order to verify if the loan is not regular as it is vitiated by banking anatocism . In this case, the interest was calculated by applying the rate not only to expired capital, but also to interest not paid.

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