constitución en mora efectuada de manera auténtica
English translation: notice of default in the correct form
| 22:10 Jun 29, 2018 |
| Spanish to English translations [PRO] Law/Patents - Law: Taxation & Customs | |||||||
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|  Selected response from: AllegroTrans United Kingdom Local time: 08:57 | ||||||
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| 4 +1 | notice of default in the correct form |
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| Discussion entries: 2 | |
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Answers
13 hrs confidence: 
peer agreement (net): +1
peer agreement (net): +1notice of default in the correct form Explanation: [...] sin que para ello sea necesario que el Proveedor presente un requerimiento de pago, exhortación o constitución en mora. safescan.com [...] without any obligation on the part of the Supplier to provide the purchaser with a warning, demand or notice of default. safescan.com This appears to be the Judge/tribunal etc. stating that a notive of default has to be in proper form, not a mere letter. Depending on the specifics, many jurisdictions require a notice of default to contain specific wording Here is UK example (Consumer Credit Act) where the requirements are strict. If a case comes to Court where an incorrect default notice is produced, the claim is likely to fail. 30/01/2017 Following draft guidance being released by the Financial Conduct Authority (FCA) in October 2016, the FCA has now published finalised guidance to consumer credit firms which confirms its interpretation of the requirement in section 87 of the Consumer Credit Act 1974 (CCA) for the creditor to serve a default notice before enforcing a guarantee or indemnity following a breach of a regulated agreement. The guidance relates to regulated credit agreements and regulated consumer hire agreements under which an individual (which can be a partnership of two or three people) other than the borrower or hirer provides a guarantee or indemnity (or both). These agreements are referred to in this document as ‘guarantor loans’ and the person providing the guarantee or indemnity is the ‘guarantor’. The CCA requirements Any security provided under a regulated agreement must be expressed in writing [1]. Following a breach of the agreement, a default notice must be served on the borrower before the lender can enforce the security [2]. A copy of the default notice must be served on any guarantor [3]. The default notice must meet certain requirements [4] , and must contain specified information, including: the nature of the alleged breach of the agreement; if the breach can be remedied, what action is required and the date before which that action should be taken (the date must not be less than 14 days after the notice is served), and a clear and unambiguous statement of the action the lender intends to take if the breach is not remedied. The FCA’s view is that ‘enforcement of security’ is not limited to obtaining a court judgment; enforcement can include some forms of ‘self-help’ if the remedy is sufficiently coercive. -------------------------------------------------- Note added at 13 hrs (2018-06-30 11:28:14 GMT) -------------------------------------------------- Cruz v. JP Morgan Chase Bank, Nat'l Ass'n, No. C 12-3219 CW (N.D. ... https://casetext.com/case/cruz-v-jp-morgan-chase-bank-5 Plaintiffs are granted leave to amend to plead prejudice from the incorrect Notice of Default. Plaintiffs are also granted leave to plead that the Trustee's sale ... Thomas v. Bank of America CA1/2 – CourtListener.com https://www.courtlistener.com/opinion/3158272/thomas-v-bank-... 25 Nov 2015 - ... to $3,197.70, filed an incorrect notice of default, improperly foreclosed on the property, and provided an incorrect reinstatement calculation. |
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