Life insurance linked to the Sabadell mortgage loan canceled

seguro vinculado a prestamo

A life insurance linked to the mortgage loan is voidable if it does not pass the transparency control

 

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In this post we review another case of cancellation of the life insurance linked to the contracting of a mortgage loan with Banco Sabadell, by not passing the transparency control, and consider yourself abusive, detriment of consumers.  

Section 1 of the León Provincial Court has passed sentence on 14 May 2020, with No Resolution 313/2020, dismissing the appeal filed by BANCO SABADELL, S.A., confirming the abusiveness and nullity of the contract life insurance linked to the mortgage loan, for not passing the transparency control.

Fact background,,es,Juan Alberto and Paulina filed suit against FTA,,es,Asset Securitization Fund,,es,requesting the declaration of nullity for abusive of the floor and ceiling clauses contained in the novation contract of the mortgage loan of,,es,with the corresponding refund of amounts unduly collected,,es,The Securitization Fund Management Company,,es,Beech,,es,acting on behalf of FTA, he responded to said claim alleging that he lacked passive legitimacy since the entity had no legal personality and that it constituted only a private and open fund and that therefore the passive legitimization corresponded to BBVA as successor of Catalunya Banc that was the Company fund constituent,,es

by Dña. Mariana hired a mortgage loan with BANCO SABADELLTo grant the loan, the hiring of life insurance was imposed, called "Blacksmith total protection-life", contemplating a single cousin of 5.507,85 €, whose financing was added to the mortgage loan, not included in the APR. Neither in the "Binding Offer" was mentioned the amount that was added to the mortgage loan by the seguro vinculado.

Considering it abusive by not having been informed of it, Ms.. Mariana filed a lawsuit, requesting that the abusiveness and nullity of the contract of linked life insurance, and the amount will be returned.

Primera Instancia

The Court of First Instance No. 2 Leon gave judgment on 13 December 2019, estimating demand. He declared the abusiveness and nullity of the order to pay the contrato de seguro de vida due to lack of transparency, and ordered BANCO SABADELL to return the unused premium, with the legal interest earned.

Provincial Court

BANCO SABADELL, S.A., He filed an appeal claiming that there was a lack of active standing on the part of Ms.. Mariana and error in the evaluation of the test regarding transparency in contracting insurance.

Active legitimacy of Ms.. Mariana

The Section considered that Ms.. Mariana did have active standing, as it had a legitimate interest in the return of the financed premium, for being the one who signed the life insurance linked to the mortgage loan.

Annulment action for abusive banking practice of the insurance linked to the loan

In this case, the Section stated that:

"The performance of the financial institution is considered a banking practice contrary to good contractual faith, based on a situation of abuse of position to the detriment of the consumer, as it imposes a condition that is not negotiated with transparency and abusive, since it is the bank that obliges to link to the loan an insurance in which it is the beneficiary and which is subscribed under financing conditions that are not reflected transparently in the mortgage loan contract. "

It was based on the article 82 LGCU.

The negotiation of the insurance would not have eliminated the abusiveness of the banking practice, in this particular case.

Transparency control

The section, just as the Court of First Instance understood that the imposition of the hiring of linked life insurance was abusive, as no reference has been made to it in the mortgage loan contract, not arriving Mrs.. Mariana to be able to decide whether or not to take out said policy.

Declaration of nullity

When declaring the nullity of linking the mortgage loan contract to life insurance, without having been reflected in the financial cost, the Section considered that it had to deliver Ms.. Mariana the first "not consumed", calculated in proportion to elapsed time, increased with legal interest from the date of hiring.

Conclusion

When the bank imposes the hiring of a seguro de vida single premium to grant a mortgage loan, it is possible to declare its nullity due to lack of transparency, obtaining the return of the premium "not consumed", calculated proportionally to elapsed time, plus legal interest accrued from the contract date.

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