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Archive » July / August 2022 » The uncertain fate of the surplus mortgages

The uncertain fate of the surplus mortgages

Silvia Princivalle
July / August 2022 - n. 7-8
Keywords: Mutui, mutui fondiari eccedentari, finanziamenti
Jel codes: G20, K12, K20

The issue of mortgages is one of the hottest in recent decades of legislative reforms, due to the political importance of the matter. The most recent opportunity is the recent decision of the Supreme Court of Cassation of 8 March 2022, no. 7509, on the subject of nullity or mere ineffectiveness of surplus mortgages, i.e. that do not comply with the parameter of 80% of the financeability based on the value of the asset given as a collateral. From 2013 to today we assist to a series of pronunciations that contradict each other, that overlap, that make a step forward and ten back, alternating administrative sanctions, the nullity of the act and mere ineffectiveness of the same, with which showing all the delicacy of the matter.

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