La mediación hipotecaria de Andalucía. Examen de la repercusión jurídico-procesal y la habilitación competencial de la Ley 3/2016 que la instaura (1)

Resumen

The Autonomous Community of Andalusia establishes the administrative mortgage mediation for cases of foreclosure and mortgage foreclosures on housing through Article 17 of the recent Law 3/2016, of June 9, to protect the rights of consumers in the contracting of loans and mortgages on housing. The present study addresses two issues in particular. In the first place, it is proposed what kind of legal and procedural repercussions may lead to the establishment of mortgage brokerage conceived in Andalusia. The scope of the duty of promotion assigned to the administration is analyzed. The consequences of the design of a mediation assigned to the administration and with an interventionist orientation in its results are considered, while it aspires to get the consumer and user to keep the house, either as property, or as a lease. And it deepens the repercussions regarding the process of an institution that can be initiated both before and during a process of judicial or notarial execution. Secondly, we study whether the regulation of the use of competences by the Andalusian community is valid, since it deals with matters that refer to certain matters included in Directive 2014/17 / EU but which have not yet been accepted by Spain through its Corresponding transposition.