Este espacio tiene como finalidad dar a conocer el Código de Buenas Prácticas para la reestructuración viable de las deudas con garantía hipotecaria sobre vivienda habitual, regulado en el RD-Ley 6/2012, de 9 de marzo.
El Código de Buenas Prácticas contempla una serie de medidas para aquellos deudores que cumplen una serie de requisitos para estar dentro del denominado “umbral de exclusión”, lo que da derecho a reestructurar la deuda hipotecaria y al alquiler en caso de ejecución de la vivienda habitual.
Banco Santander, S.A. está adherido al mencionado Código y por ello asume voluntariamente la aplicación de las medidas previstas en el mismo.
A continuación, se detallan los aspectos más relevantes a tener en cuenta y la forma de proceder en la gestión de una solicitud.
The first topic covered by the Code is Restructuring the Mortgage Loan. This consists of:
- a reduction in the interest rate,
- the application of a grace period and
- the extension of the mortgage term.
In the event that the restructuring is unsuccessful, as a secondary measure the Code establishes that it is possible to request a Reduction in the amount of debt.
Lastly, when the aforementioned measures are unsuccessful, the Code establishes the option of a Dation in Payment on the primary residence, with the right to rent.
The CGP is designed to offer support to all families who are facing difficulties in making their mortgage repayments on their primary residence. In order to be covered by the measures outlined in the CGP, they must meet a set of requirements set out in the standard.
The Royal Decree sets forth the viable restructuring of debts with guarantees with respect to the primary residence of borrowers at risk of vulnerability.
The measures will be applied to loan or credit agreements backed by a mortgage loan:
- On the primary residence of a debtor who is considered vulnerable.
- Valid as of the date of entry into force of the Royal Decree Law 6/2012, and any other laws entering into force thereafter.
Next, we will outline the criteria for invoking the CGP:
- 1 to 6: To apply the restructuring measures.
- 1 to 7: To apply the reduction, dation in payment and social housing measures.
- Contract. Loan or credit agreement signed with Banco Santander.
- Main residence. Guaranteed by a mortgage on the customer's primary residence.
- Acquisition price. The acquisition price of the property must be no more than €300,0001.
Title holders will be considered vulnerable when the following circumstances (from point 4 to 7) are met.
MORTGAGE HOLDER'S CIRCUMSTANCES
- Income. The income of the members of the household must not exceed:
- 3× IPREM (Indicador Público de Renta de Efectos Múltiples – benefits index).
- 4× IPREM: Household member with a degree of disability of 33% or more, dependency or illness that makes them unable to work.
- 5× IPREM: Mortgage debtor with mental disability > 33%, physical disability > 65%, serious illness that makes them unable to work.
- Vulnerability. In the four years leading up to the application, the household must have experienced:
a.- (when the payment-to-income ratio in terms of the mortgage repayments to the family income has increased) or
b.- there has been particularly vulnerable family circumstances (large family, single parent with dependent children, family with minors, gender violence, over 60s, disability).
- Payment-to-income ratio. When the mortgage repayment exceeds, in terms of the net income of the family unit, 50% of the net income received by the family unit collectively, or 40% if any member of the family unit has a 33% degree of disability, is dependent or has an illness that makes them unable to work.
- Capital adequacy. Only to apply the measures of removal, dation in payment and rent in case of execution of the habitual residence must meet, in addition to all the above requirements, each and every one of the following:
- The family unit has no other property or proprietary rights that would be sufficient to cover the debt.
- The mortgaged property is the only property owned by the debtor or debtors, and the mortgage loan was granted for the purchase of said property.
- There are no other guarantees on the loan, neither in the form of collateral nor personal guarantees.
- The aforementioned circumstances must also apply to any co-debtors who are not part of the family unit.
Below there is more information (for further details see the Instructions) on the correct way to proceed when applying for a Restructuring of the mortgage debt:
In order for your application to be processed, you must obtain the full original documentation, as described in the supporting documentation checklist. In order to avoid unnecessary delays, the applicant should be particularly careful to gather together all the necessary documentation and to submit it following the steps in the How to apply? tab and following the guidelines outlined in the Instructions.
The following documentation must be submitted in order to ascertain whether the applicant is vulnerable:
- Income received by members of the family unit
- Certificate of income and, if applicable, certificate relating to the imposition of the Wealth Tax issued by the Spanish Tax Agency or the relevant autonomous body, covering the previous fiscal year.
- Documentation certifying any social wages, minimum guaranteed income, minimum subsistence income or equivalent social assistance provided by the State, Autonomous Regions or local authorities.
- For self-employed workers receiving government subsidies due to a lack of work, the certificate issued by the supervising body detailing the monthly amount received
- Last three pay slips received.
- Certificate issued by the benefits management body stating the monthly amount received for unemployment benefits or subsidies.
- Number of people living in the home
- Family book or document proving registration as a common-law couple.
- Certificate of registration at the Town Hall concerning the persons registered at the property, referring to the time of presentation of the supporting documents and to the previous six months.
- Declaration of disability, dependency or permanent inability to work.
- Ownership of assets
- Certificates of ownership issued by the Land Registry for each member of the family unit.
- Deeds of sale of the property and of the establishment of the mortgage guarantee and other supporting documents, if applicable, of the other collateral or personal guarantees established.
- Debtor's declaration
- Declaration by the debtor that he/she meets the requirements to be considered as belonging to the exclusion threshold, according to the method approved by the committee set up to monitor compliance with the Code of Good Practice (included in the application form).
During 2023 the following will not be charged:
- Commissions for passing the mortgage loan from variable to fixed rate.
- Commissions or compensations for reimbursement or total or partial amortization of loans or mortgage loans at a variable rate.
Royal Decree-Law 19/2022, of November 22, which establishes a Code of Good Practices to alleviate the rise in interest rates on mortgage loans on habitual residence, modifies Royal Decree Law 6/ 2012, of March 9, of urgent measures to protect mortgage debtors without resources, and other structural measures are adopted to improve the mortgage loan market. (pdf 346 KB)