(Mme. Yvette Hamilius, aka Mme. Yvette Horribilius)
Court Number 1 in Marbella has ruled that a mortgage foreclosure claim brought by Landsbanki should be set side and declared null and void.
The Court was satisfied with the allegations, submitted by a Landsbanki Equity Release Victim, concerning faulty and/or insufficient notification of claim and defective filing.
Landsbanki representatives attempted to rectify their error at a later stage during the process, being rejected forthwith by the presiding Judge.
Landsbanki has the right to appeal with the Malaga Appeal Court, which they may do within the next 20 days. This option appears unlikely as there are no objective grounds to do so; there are crucial documents missing and the ruling is clear.
If Landsbanki do not appeal or they go ahead and lose the appeal, the foreclosure route will be closed for good,Â forcing Landsbanki to issue declaratory proceedings, slower and with ample scope for the victim to argue the fraudulent nature of the contract.