More than three years have elapsed since then, that court in the historic neighborhood of Vigo is about to finish solving the last procedures that remain on their shelves corresponding to that 2017. And is that the traffic jam by the initial spate of litigation It caused hundreds of people affected by the mortgage floor to suffer – and continue to suffer – a record delay to see their demands resolved. The positive side, yes, is that the vast majority of lawsuits are resolved in favor of consumers, that is, of the citizens: regarding the nullity of the clause, in the application of retroactivity and in matters of costs, which are being imposed on the banks.
This week this Casco Vello court, which has two judges to try and sentence matters, is celebrating some of those last trials of 2017. Among them, the case of a couple who in 2002 asked for a mortgage to buy a house and to which a 3% floor was applied. The loan was signed with Caja España, today Banco CEISS. Those affected filed the lawsuit in November 2017, in those first months of litigation, and had to wait until yesterday for their case to reach a courtroom. The plaintiffs are not only fighting for the return of everything they overpaid for that land. His lawyer, Carlos Borrás, explains that they are also fighting for the removal of the clause itself. “The bank still applies it month to month,” he says.
The forecast is that the magistrates of this chamber will finish in February to resolve all the pending issues of 2017. But when they do, their work will not be finished. Quite the opposite. This Casco Vello court will not be closed, but will continue to be active, with the two judges and the attorney from the Administration of Justice, to directly reinforce the court that is in charge of the clause lawsuits that enter Vigo since 2018, the Court of First Instance number 14. “That office judicial system is not going to close, it has continuity ”, confirms the senior judge from Vigo, Germán Serrano, who indicates that, in fact, they are already initiating the procedures that are beginning to be transferred from the 14th to begin processing them and therefore resolving them“ between end of February and March ”.
And it is that since 2018 the matters of floor clauses and other mortgage matters –As for example those related to expenses– continued to flood. After more than 2,600 in 2017, during 2018 there were 2,588 and in 2019 there were 1,550. Already in 2020 the figure fell significantly, but it remained quite high: 1,051 were counted, an average of three daily. Given this volume of lawsuits, the Court of Instance 14 also accuses a great traffic jam. The latest official data, from September 2020, indicate that at that date there were 3,874 lawsuits still unsolved.
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