Foreclosure attorneys in Málaga
Attorney specializing in foreclosures in Málaga: we stop your seizure and protect your home If you have received a notification from the court or the bank, your problem cannot wait.
At Orozco y Asociados we design the strategic defense you need to stop the foreclosure and review your debt with total transparency and no fine print. The fear of losing your home or your business premises generates great anxiety, but the good news is that there is legal defense against banking entities and vulture funds. Your peace of mind begins with having a team that knows exactly how to stop the procedure.
Are you facing a foreclosure procedure? Act quickly.
The procedural deadlines run against you from day one. The law establishes a very strict margin: you have a non-extendable period of 10 days to oppose from the moment you receive the payment requirement. Any delay drastically reduces the options to stop the auction and protect the family home.
If you do not have specialist attorneys to file the opposition under art. 695 LEC, the seizure will proceed without restraint.
How our specialist lawyers can help you
As experts in mortgage and banking law, we address your legal matters with maximum rigor. We meticulously analyze your loan deed and the bank’s claim seeking the strongest procedural strategy to protect your interests. Our intervention is divided into three key phases to halt the procedure: Detection of abusive clauses We review your contract with a magnifying glass.
If your bank imposed floor clauses, usurious default interest, IRPH or illegal early termination, we use these abuses to demand nullification of the foreclosure. Formal opposition (art. 695 LEC) We present the defense in due time and form before the Málaga court, paralyzing the eviction and forcing the entity to recalculate the real debt.
Real solutions We evaluate alternatives such as debt restructuring, dación en pago (surrendering the property canceling 100% of the debt) or total exoneration of your obligations.
What exactly is a foreclosure?
Foreclosure is the judicial procedure regulated in arts. 681 and following of the Civil Procedure Law through which the financial entity claims payment of the unpaid loan through auction of the property that serves as guarantee. In the practice of the First Instance Courts of Málaga, the procedure advances quickly: payment requirement, preventive seizure annotation, charges certification, expert valuation, auction and adjudication decree with subsequent eviction.
Each phase has a specific defense route that should be activated before the deadline expires.
Assessed grounds for opposition (art. 695 LEC)
Article 695 of the LEC assesses the grounds for opposition. The timely filing of our brief suspends the procedure until it is resolved: Existence of abusive clauses (ground introduced after CJEU Aziz, C-415/11). Error in determining the amount due to improper capitalization of default interest.
Extinction of the guarantee or guaranteed obligation with registry certification. Subjection of the property to another prior mortgage or seizure.
Most frequent abusive clauses in deeds
Abusive clauses are the ground for opposition that archives the most procedures in the Provincial Court of Málaga. Ex officio control obliges the judge to examine them before issuing execution; their omission is cause for nullity of proceedings. Floor clause: Null by STS 241/2013 and CJEU Gutiérrez Naranjo (C-154/15), with total retroactivity.
Abusive early termination: CJEU March 26, 2019 and STS 463/2019 require replacing the clause with the regime of art. 24 LCCI. IRPH: CJEU July 13, 2023 and STS 1244/2023 allow annulment for lack of material transparency. Disproportionate default interest: Null when exceeding the limit of art. 114.3 of the Mortgage Law.
Application of the Second Chance Law
We translate judicial complexity into definitive solutions. When mortgage restructuring is not viable and structural over-indebtedness exists, we process the Second Chance Law mechanism. This legal avenue allows individuals and self-employed persons to cancel unaffordable debts ordered by a judge and prevent the bank from pursuing future salaries or guarantors’ assets.
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Do you need immediate legal advice?
Our law firm based in Ronda handles your consultation in an agile and confidential manner. Legal coverage throughout the province of Málaga, Sevilla, Algeciras, Ceuta and the rest of Andalucía.
Defense of primary residence and Code of Good Practices
When the foreclosed property is the primary residence and circumstances of vulnerability exist, the legal system offers enhanced protections that can halt the auction or eviction. The Banking Code of Good Practices (RDL 6/2012 and RDL 1/2024) requires the entity to offer restructuring, debt forgiveness or liberating deed in lieu of payment.
Law 1/2013 also regulates the suspension of eviction of primary residence for vulnerable groups, legally extended until 2028.
Linked and negotiated deed in lieu of payment
If your situation meets the vulnerability thresholds, deed in lieu of payment is mandatory for the adhering entity and completely releases the debtor, allowing them to remain in the house under social rental regime. When thresholds are not met, we negotiate a voluntary deed in lieu with flexible conditions: post-deed rental, exit schedule or partial debt forgiveness.
If not viable, we activate the unsatisfied debt discharge.
If your mortgage is held by a vulture fund: retraction of litigious credit
If your mortgage debt was assigned to a vulture fund (Cerberus, Intrum, Axactor, Promontoria, Blackstone, Anticipa, Sareb, etc.) during the procedure, you can exercise the retraction of litigious credit under art. 1535 of the Civil Code. By paying the assignee the actual price at which they purchased your debt (frequently between 5% and 30% of the nominal value), you completely extinguish the claim.
The deadline is only nine days from the reliable notification of the assignment. More info on Defense against Vulture Funds
Strategic defense and honesty as the foundation of our law firm
At Orozco y Asociados (with offices in Málaga and Ronda), we are not just another law firm. Our commitment to each debtor is based on three unshakeable pillars: Immediate Attention: Facing a foreclosure process, every day is vital to articulate the opposition within deadline. Fixed Budget: We analyze the viability of your case from the first moment, providing a clear roadmap without surprises.
Specialized Defense: We know the practice of the First Instance Courts of Málaga capital, Marbella, Estepona, Torremolinos and Vélez-Málaga, as well as the consolidated jurisprudence of the 4th, 5th and 6th civil sections of the Provincial Court of Málaga.
Don't leave your home at the mercy of the bank. Speak to us today.
Having a lawyer specialized in banking and real estate law on your side is the difference between losing your assets or regaining control of your finances. We offer at our offices.