{"id":10567,"date":"2021-03-09T18:19:14","date_gmt":"2021-03-09T17:19:14","guid":{"rendered":"https:\/\/www.white-baos.com\/?p=10567"},"modified":"2021-03-09T18:19:20","modified_gmt":"2021-03-09T17:19:20","slug":"mortgage-loan-nullity-less-money-received-than-declared","status":"publish","type":"post","link":"https:\/\/www.white-baos.com\/en\/mortgage-loan-nullity-less-money-received-than-declared\/","title":{"rendered":"Mortgage loan nullity. When the money paid is lower than the capital declared."},"content":{"rendered":"\n
There are many reasons why a mortgage loan nullity could be declared by a judge. Some loans are against the Usury Law of 1908. These usurious loans usually have:<\/p>\n\n\n\n
<\/p>\n\n\n\n
<\/p>\n\n\n\n
In the court decision indicated above, the Supreme Court declared that a mortgage loan contract be declared void in accordance with article 1 of the Usury Law, which states that it will be nullified if;<\/p>\n\n\n\n
“The contract in which it is stated that a greater amount has been received than the one actually delivered, whatever its entity and circumstances.”<\/em><\/p>\n\n\n\n Thus, in this court decision, and other previous ones, the Supreme Court speaks of a “counterfeit or untrue loan”. It is the one by which, in a fraudulent way, a hidden profit is obtained, by the lender. Declaring that a greater amount has been lent than that actually delivered.<\/p>\n\n\n\n There will not be in a voided mortgage loan, when;<\/p>\n\n\n\n This then means that the loan has been properly executed.<\/p>\n\n\n\n <\/p>\n\n\n\n <\/p>\n\n\n\n In this case, it was pointed out that an amount had been paid to the client, partly by cheque and partly in cash and included a part that was for brokerage expenses, provisions for expenses, interest, etc.<\/p>\n\n\n\n But in reality, what was being hidden, is that it was being declared as an amount received, greater than that which was actually paid.<\/p>\n\n\n\n The Supreme Court reaches this conclusion, due to consideration of various circumstances;<\/p>\n\n\n\n <\/p>\n\n\n\n <\/p>\n\n\n\n In the event that a bigger amount is declared as being received than the actual amount paid then a mortgage loan nullity could be declared. This means;<\/p>\n\n\n\n <\/p>\n\n\n\n <\/p>\n\n\n\n If you have been the victim of a false loan, (if it was declared that you had been paid more money, than that actually received), you should know that you can legally claim the mortgage loan nullity.<\/p>\n\n\n\n <\/p>\n\n\n\n If you have questions about an abusive contract, check our courts services<\/a> and contact us.<\/a><\/p>\n\n\n\nForged or untrue loan<\/u><\/strong><\/h2>\n\n\n\n
Consequences<\/u>: mortgage loan nullity<\/strong><\/h2>\n\n\n\n
Conclusion<\/u><\/strong><\/h2>\n\n\n\n