Thursday, September 23, 2010

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away Banco de Valencia misleads its customers

Banco de Valencia To begin, we should know what a mortgage bond: when your bank signs the home mortgage knows that you are entering monthly interest you'll pay him religiously, but also your bank also knows that he will have to wait 30 years to return the money because you pay that mortgage can resell it to others to be secured by your home. In the resale home mortgage mortgage bond is called, well, the banks get monthly benefits to your interests and also quickly recover the money you have borrowed.

Since this was the beginning of the current financial crisis (mortgages were resold for an amount exceeding the value of the guaranteed housing, to which was joined by the default of many of them and the consequent cancellation of the same-those bonds mortgage could only be returned to clients after selling or auctioning the property in a market with falling prices and shrinking demand-), the Bank of Spain has been tightening the conditions under which a bank can sell the mortgages they signed.

Royal Decree 716/2009 regulates in detail those conditions, so can only be resold in the form of mortgage bond mortgage amount not to exceed 80% of the appraised value of the home (in some cases, as with local trade, can not exceed 60%), when the house was previously rated by a certified entity, and what most interests us in this case, when the property is insured against and fire damage:

"Article 3. Loans eligible.

be considered eligible loans and credits in order to provide coverage a mortgage bond issues [...] loans and mortgages [...] that meet the requirements of this Chapter .

[...]

Article 10. Damage insurance.

1. The property on which constitutes the mortgage must have a property insurance appropriate to the nature of them. The risks covered should, at least those included in the insurance branches 8 and 9 [fire damage]. "

The vast majority of banks (including Banco de Valencia) are after your customers demanding that they provide in their offices not only the home insurance bill, but the detailed conditions of such insurance, including a clause stating require illegal under which the bank must be stated in the policy as a beneficiary of the insurance. Although this is not the main theme of the article worthwhile to dwell on that requirement (generally between banks and accepted without further by insurance companies who do not hesitate to introduce unfair terms in the conditions of household insurance).

First, the bank can not require data which have nothing to do with our relationship with them (or the amount that we agreed with the insurance company or the particular conditions of that policy, nor excessive value of the continent regarding the mortgaged amount, the value of the declared to the insurance company, the least affect the mortgage) because these requirements are prohibited explicitly covered by Article 4 of the Organic Law of Protection of Personal Data (" personal data can only be collected for treatment and subjected to such treatment, when adequate, relevant and not excessive in relation with the scope and specific, explicit and legitimate purposes for which they were obtained ). But it's also the General Insurance and Pension Funds has consistently since 2008 that home insurance " only is entitled to compensation the owner of the property insured "as compensation to a third party (such as the lender)" produce a unjust enrichment, because that person has suffered damage or financial loss 'so that these clauses were declared " compensation contrary to the nature of general insurance and contractual balance . "

not appear that this form of chasing customers to take out a home insurance that allows your bank to resell their mortgages is very effective, as the Banco de Valencia (do not know if others also) has decided to one step further and have opted for lying directly to its customers under a veil of legality.

Banco de Valencia, seems too pressed by the urgent need for cash, goes directly from the offices of their clients to the Directors of the bank: the Director General and the Director of Client Zone dare to submit a letter assigning an obligation to their customers when in reality it is a condition that the bank must meet in order to resell the mortgages they signed.

Remember Article 10 of Royal Decree 716/2009 which we quoted above? "He demanded that the mortgaged property was insured if the bank wanted to serve as a cover to issue its mortgage bonds? Well, according to the Banco de Valencia, that Article 10 does not say that, but this:

"We inform you that the Royal Decree 716/2009 requires that the mortgage operations are associated with a damage insurance on mortgaged property .

If you already have this insurance, you must pass by his office with documentation and complete the information on your mortgage.

If you do not have this insurance, we invite you to stop by his office as usual and check little it costs to be well secured and enjoy a wide protection, high quality at low cost . "

Requerimiento del Banco de Valencia (2010-09)

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