"Sometimes, things are not what they seem, but something else". With this phrase, the presiding judge of Lanzarote, Gloria Poyatos, has explained the procedure of the latest eviction that took place in Arrecife, and that ended with Caty Villalonga and her 17-year-old son without a home. Poyatos has defended the judge of the Court of First Instance of Arrecife, Aurora Vela, who carried out this procedure, and has assured that in this case "not all the procedural means offered by the Law to the mortgaging party, to the executed party, were used." "If all the resources had been used, it is very likely that it would have been suspended," she said in an interview on Radio Lanzarote-Onda Cero.
Upon learning of the eviction of Caty Villalonga, which took place on September 20, Gloria Poyatos became interested in the procedure. Thus, she explained that this woman had been "in a period of three years" without paying the mortgage, so it was not "a short period."
In addition, according to the presiding judge, "it seems that not all the procedural means that the Law" offered her were used, but rather everything was tried to be done "a little at the last minute." If all the resources had been used, Poyatos believes that Aurora Vela would have suspended this eviction until "the issue was clarified, like other procedures that I know are in her Court."
And the presiding judge was also "surprised" that the eviction was carried out by this judge, who has "a reputation for protecting the executed party". "I know that the head of the Court of First Instance is a very prudent and sensitive person. I know that it is normal for her to demand compliance with all the Law in mortgage matters," she defended. Therefore, she did not find "logical what was published in the media about the way" the magistrate acted.
"Interpretative criteria"
She has also assured that "the Law may not be constituted or regulated" in this matter in the way "it should be", that is, being "more protectionist for the weak party in a mortgage contract, such as the mortgagor."
In this sense, she has spoken of the "interpretative criteria" in the application of the mortgage rule by the different magistrates. In this sense, she has pointed out that the judge of the Court of First Instance Number 4 of Arrecife, Juan José Cobo Plana, who has annulled a large number of evictions, "has a clear interpretative criterion on the application of the rule", while Aurora Vela "has another one and with her many judges."
"I know that Cobo Plana declares the total nullity not only of the interest, but also of the loan and the mortgage. He is issuing orders ex officio, with which he puts an end to the procedure because he understands that everything is null. Not all magistrates interpret it that way, until the higher instances unify and mark the line to be followed", Poyatos explained, who has defended that the "disparity of criteria regarding a rule that is not clear is part of the judicial interpretation and the judicial function."
Eviction control system
On the other hand, she has announced that in a period of about six months, the inhabitants of Lanzarote will be able to know the number of evictions that occur in their territory. To this end, six months ago a statistical control system was initiated for executions due to non-payment of rent, non-payment of mortgage or other different credits.
"We cannot do a sampling with such a short period of six months, but in six months we will have statistical data so that we can know how many evictions occur on the island and have a little more knowledge of how this situation is in Lanzarote," Poyatos announced.
