Mortgage loan

Some consumers signed a mortgage loan with a bank to buy their home, but they started having problems making the monthly payments and stopped paying for a while, accumulating a debt of more than 18 installments. Faced with this situation, the bank decided to ask the judge to resolve the loan contract, that is, to terminate the loan and claim the pending money plus interest, based on the fact that the clients had seriously breached their obligation to repay the money.

Initially, the judge ruled in favor of the bank because the non-payment was very significant. However, the consumers appealed and the Provincial Court (AP) identified several clauses in the contract that were abusive and, therefore, null and void, such as those providing for early maturity (which is the bank's possibility of declaring the loan due before its term), default interest, as well as certain fees and expenses. Considering that this could affect the calculation of the debt, the AP overturned the first judge's decision.

The case reached the Supreme Court (TS), which made it clear that even if there are null and void clauses, if the bank proves that the default is substantial (as in this case, with many pending installments), the loan resolution is possible. The TS has explained that the main obligation is to repay the money received and that the nullity of certain clauses does not prevent the bank from terminating the loan by summoning the clients to pay what really corresponds after removing from the debt the concepts declared null.

If you are in a similar situation, our professionals can analyze the clauses of your loan agreement in order to take the appropriate actions to defend your interests