In the legislative decree which transposes the EU mortgage directive will be considered a breach arrears of at least 18 installments. This is one of the innovations that the House Finance Committee will indicate in its opinion on the Government's act of voting next week. This was announced in a press conference by the Pd group leader in Montecitorio, Ettore Rosato, assuring that "the opinion has been shared with the Government" and that consequently the conditions set by the Commission "will be implemented in the final text" of the Legislative Decree which provides, among other things, the possibility for the bank to sell the property without appeal to the judge in case of non-compliance.
The new legislation on non-compliance, it was also clarified, it does not apply to existing contracts, not even in the case of subrogation, and is optional. The bank cannot force the debtor to sign it. The Legislative Decree, Rosato underlined, "does not protect the strong party, but the weaker one, the protected party is that of the citizen".
The house can therefore only be sold with a specific "deed of disposal of the property by the consumer", thus confirming the prohibition of the so-called 'commissorio agreement', while the 'marcian pact'. The bank can therefore withhold after the sale of the property only what is still owed and is obliged to return any excess to the debtor. In any case, the transfer of the property to the bank entails the extinction of the debt even if the value of the property is lower than that of the residual debt.
