Portal de Molina de Segura
www.portaldemolina.com
The City of Molina de Segura has participated with the exhibition of his work system in the technical seminar on mediation as an alternative to Mortgage foreclosure proceedings, which took place on Friday 4 December at the auditorium of the Ministry Development of the Region of Murcia, organized by the Directorate General of Housing of such counseling.
The first part of the day has been on the legislative environment in the implementation of mortgage mediation.
Measures to protect the mortgagor and has counted with the participation of a representative of the Superior Court of Murcia, the head of the Counselling Service and mortgage mediation and Housing, legal experts in mediation and banking law, and a representative of school of economists.
In the second part they have been addressed Alternative dispute resolution in mortgage matter.
Strategies and resources.
Foreclosure mediation services.
In this context it discussed the working system followed in Molina de Segura, by the coach of the OMIC, Jesus Montoya Oribe, on behalf of the team of the departments of Consumer Affairs, Housing and Social Services involved in the issue mortgage and unpaid rent.
The round table has also intervened Carrasco Andres Albaladejo, Head of the Committee for Territorial Levante incidents BMN, Ana Cristina Montero Torregrosa, Coordinator of the Federation RASINET, Fulgencia Bacigalupe Faz, Economist, Mediatrix, and project financial advisory and Caritas Manos Unidas responsible Jumilla, and Ana Martinez Perez.
Lawyer in the Mortgage Mediation Service of the Embassy of Ecuador in Spain.
The exhibition model of Molina de Segura, highly valued by participants, has focused primarily on the work of the City Commission for the attention of people at risk of eviction, doing a historical tour since its launch in 2012, with objectives and achievements.
The aim of the City Commission is the attention to people at risk of eviction allowing citizens of the municipality affected by situations of serious deprivation and need, originated in the mortgage credit default character and / or urban leases, service mediation the bank or creditor entity in order to avoid, as far as possible, their subsequent execution, eviction proceedings and / or launch and forced abandonment of the domicile of those and their families part, all within the legal framework provided for casuistry the aforementioned Royal Decree-Law 6/2012 of 9 March, on urgent measures to protect mortgage debtors without resources and subsequent implementing legislation.
To this end, the Commission has a legal advisory service and specialized staff assigned to the Municipal Office of Consumer Information (OMIC) for the study and development of the necessary actions in each case.
Likewise, it is also objective of the Commission to those affected seek proper and comprehensive care within the competence of the Department of Social Welfare, for the purpose of providing resources to it, both human and material.
This includes, where appropriate, psychological care and other services of the Department (generally, enabling aid within the limits, requirements and procedures).
In turn has personalized attention attached to the Department of Housing staff, particularly for finding alternative housing.
The committee meets on a quarterly basis, except for those meetings, the relevance or extraordinary or special complexity of the problem, so require.
It is noteworthy cooperation between the various stakeholders, which is essential for the resolution of conflicts.
The Councillor for Social Welfare, Lola Vicente Quiles, emphasizes that "given their purpose, the Commission has mixed nature (political, social and technical representation) and cross. Consequently all political groups are represented with municipal representation, technical personnel assigned to the departments of Consumer Affairs, Social Welfare and Housing, as well as people from different social groups and NGOs interested in the solution of these conflicts (including PAH, movement 15 M, Caritas, Red Cross, neighborhood associations, CCOO UGT).
Councilman Consumer and Housing, Miguel Angel Rodriguez Torres, meanwhile, said that "the success of the model applied in Molina de Segura are justified by the technical training of those involved in the process, coordinating the various departments involved and the participation of both political groups and social and sectoral agents. In fact, our model rather than mediation is mediation, and that we are not neutral. Our intervention is always in the direction of supporting families suffering from this situation and get them to continue their lives with decent housing and minor hindrances of possible past. "
DYNAMIC PROCESS OF ACTION Molina de Segura:
Upon receipt of the demand for action, the same processing is centralized in the OMIC, initiating a process of coordinated management of all stakeholders that, prior technical and legal and necessary consent of the party valuation may result, unless prevented in one of the following conflict resolution options: payment in kind, payment in more social rent, debt restructuring, debt reduction and social rent.
In turn, reference is made, where appropriate, to those affected by social services for those who may need assistance.
Obviously it was released locally the existence of that commission with radio spots, posters etc.
and the various stakeholders in charge of publicizing their respective areas.
The result is up to the very positive day, to the point that they get involved in other localities to resolve their disputes with banks in mortgage loans and, of course, they have been treated since the possibilities of molinense OMIC, depending on the relevance of the problem.
In the commission there is the figure of a social worker, under the Department of Social Welfare to its presence in those situations where care is needed for those affected, their families, children, relocation possibilities if the launch occurs or eviction, reporting to the management of grants that may be applicable.
It also has other services such as office immigrant care needed in a variety of situations in particular as regards the language.
The Commission was born conceived as a working group that has specific and concrete contributions.
For example, support of councilors for mediation with banks which gives mediation an institutional character, which helps to solve the problem.
Regarding the issue of municipal aid, exists for each year a budget for urgently needed aid (payment of water, electricity, food, etc.)
ACTIONS: Mediation as a form of conflict resolution
Repossessions
From the OMIC, as work of the Commission, to today's date were processed 296 requests for payment in kind with or without social rent (in most cases where there has been no social rent is because the / the interested / He did not want to because they had other housing alternative).
That figure does not correspond to the number of performances Foundation, which is much higher: sometimes a single enactment requires the intervention of several actors, several mediations, etc.
Each case has its peculiarities and, sometimes, the resolution is very simple and quick or, as usual, requires considerable effort mediation.
RESTRUCTURING OF MORTGAGE: have been a total of 112 paperwork.
The number of repossessions and achieved restructuring is not possible to give an exact number since some are still pending,
It stresses the importance of support for signature notarized to ensure that the script reference to the royal decrees made or appears to be delivered in payment to avoid certain expenses such as goodwill, notary fees, etc.
NUMBER stoppages AUCTIONS foreclosures and has been very high, since in many cases the affected person approaches the OMIC when the notification of the court arrives.
Usually it freezes with the completion of the court appearance that has made the application for legal aid.
When they later it must begin a rapid process of mediation to find a solution to each case.
In general, you get stopped if the bank acts in good faith, with the consequent social rent at least to date.
The number of direct mediation with banks exceeds 400 excluding indirect mediation (mail, telephone and e-mails are many more).
The coach of the OMIC, Jesus Montoya, stressed that "it is important to have a contact person with executive capacity in the bank. Therefore, coordination between the various stakeholders is so necessary. In particular, we have high hopes this journey where hope ties that allow us to move information, joint actions and even provide us with the contacts necessary to resolve the various conflicts that confront us every day "are created.
It has also highlighted social rental applications not covered by the Foundation for not meeting the threshold of exclusion or a wide casuistry.
It has achieved a large number of holiday sometimes impossible situations that arose.
Mediation with the company, even with lawyers and solicitors who carry a launch has allowed social rents that arose impossible deadlines and in some cases exhausted.
Montoya stressed that "for now, people have approached the OMIC have not suffered the dreaded release or eviction, always seeking an agreed departure although we unfortunately are not very optimistic about certain cases that are currently in the process, either by the difficulties which put some institutions or funds that have bought lots of mortgages. By not meet the threshold of exclusion or because when they affected the case is practically lost no time frame to find a solution but insist to the end to try to solve it in collaboration with the rest of the Commission. "
Royal Decree-Law 1/2015 of 27 February, second chance mechanism gives greater leeway but is not applicable to all cases that are being processed.
In other cases the difficulty lies in the peculiarities of those affected, either because they do not accept very valid or for very different reasons agreements or also when we discover they have not told the truth or the whole truth (about their income for example ...) ;
when this entity discovers the difficulties are enormous.
Montoya has subraydo "the handicap that certain entities that can greatly facilitate the process of enactment, restructuring, social rent, etc. and conversely others are downright difficult."
Finally, the action of the Department of Housing, which in general mandate adds to the involvement of technical staff in pursuing alternatives from the Municipal Commission for Assistance to People at Risk of Eviction (particularly the social rent) and in the compilation of data on rental housing offers affordable prices in Molina de Segura.
Source: Ayuntamiento de Molina de Segura
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