A circa due anni di distanza dallo scoppio della crisi sui mutui subprime, partita dagli Stati Uniti ed allargatasi poi al resto del mondo, con le conseguenze ancora oggi ben visibili, per i titolari di un mutuo in Italia ci sono notizie positive. Da due giorni sono infatti entrate in vigore le norme sulla portabilità del mortgage (subrogation). The Dl Anti-Crisis (78/2009) Art. 2 provides that banks seeking to lengthen the time for the transfer of the loan at no cost to another financial institution will incur a penalty. With the new rule, if, after a period of 30 days from the request by the new bank to the bank outlet, the mortgage has not yet been transferred, the holder of the loan can claim compensation of 1% of value of mortgage for each month or fraction thereof, of delay. The penalty shall be paid by the bank outlet, which, however, could claim against the new bank if the reasons for the delay were attributable to it.
Since where, over two years ago, came into force on the assignment, such situations have in fact occurred very frequently, so that the Antitrust Authority fined in August 2008, with 23 banks for a total of about 10 miliioni euro. The Administrative Court annulled the penalty, however, and soon the State Council will again give its opinion.
With the introduction of new rules and greater ease of transfer of mortgage from one institution to another, the attention of holders of mortgage from now on will therefore be more focused on the trend of interest rates and conditions offered by various banks, that could lead to savings very significant even after many years after the conclusion of the mortgage.
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