It has been thanks to this company, that today in San Fernando, more than 1200 families with limited income, enjoy a home either for purchase or for rent. Without the aid processed by the company, it would have been impossible for them to have decent housing according to their needs and conditions.

This scenario has been disfigured due to the financial and real estate crisis that is plaguing the country in recent years. In the current conditions thousands of families see their home in danger every day and others have already lost it. To do this, they have tried to instrumentalize formulas designed to protect these groups that, in short, are the true victims of this situation, of course trying to differentiate the real victims from those who in every crisis try to benefit from such a sad situation to continue taking advantage of what the administration offers them.

Since 2008, in which the economic crisis was unleashed with more virulence, the phenomenon has been occurring, with increasing frequency, of evictions due to foreclosures or rent defaults.

The company, due to its public nature, has not been able to remain oblivious to this situation and, through its human team, has been giving a timely response to the people who come to us for encountering serious problems for the maintenance of their home, and this through comprehensive advice, that is, legal, social, technical, fiscal, etc ...

In the case of foreclosures, we start from the fact of non-payments on mortgage payments, usually for reasons of loss of work or for not having the resources to pay the payment, which causes the bank to start Execution procedures

Eviction prevention information

In this sense, ESISA has been offering information and advice to those interested in our offices to obtain help in the face of the difficult situation that is presented to them. They are served by offering information, proposing possible solutions or measures to be proposed to the banking entities with the ultimate goal of not having to leave the homes they inhabit in a traumatic way, houses that in times of economic bonanza acquired with financial support to the one now, at less temporarily, they cannot attend. On many occasions favorable agreements have been obtained with financial institutions, either with deferrals, with payment fees and subsequent social rents, or with other measures aimed at avoiding the traumatic situation of having to leave the house. In the case of foreclosure, informing them of the advisability of contacting the Banking Entity to assess the possible solutions and agreements with the same tending to stop the process or, if this is not possible, trying to resolve it in the most favorable way for the affected party. , for example, through the sale of the property before the auction takes place.

In most cases, the first contacts with the Banking Entity have been made by ESISA, acting as an intermediary to facilitate dialogue with the Entity.

With some Banking Entities offices that have financed promotions executed by the company, there is already an unregulated collaboration, in order to avoid the judicial process, coordinating in the information to the client since the first defaults occur and collaborating in the search for solutions

Likewise, the inscription in the Municipal Register of Claimants of Protected Housing is processed, thus advancing the mechanism of access to housing for cases in which it was finally impossible to maintain theirs.

As for evictions for non-payment of rentals, the company offers all the necessary information to people who come to our offices daily. They are advised on the steps to follow through a previous study of their contract and the rest of the documentation, they are informed about the possible public aid that they can opt for, both from social services, as from those from the regional administration , while encouraging them to register as a claimant for protected housing if they meet the requirements for it. All the people who go to ESISA and who are in the unpleasant situation of having to leave a rental home, for not being able to pay the rent due to lack of financial resources for it, and even have a fixed launch date, are It offers the best of the options that may be available to us, although unfortunately the very wide existing demand cannot be satisfied.

As for our tenants, from ESISA there is an arduous daily task of monitoring debtor tenants to establish agreements for the payment of rents, signing commitments giving the maximum possible facilities for payment, forgiving in many occasions interest charges, commissions banking and other expenses incurred, always with the ultimate goal that the tenant pays his rent and is up to date on his obligations to pay his social housing, and thus avoid the filing of the eviction demand.

The main actions carried out are:

When a tenant family expresses the impossibility of dealing with the debt they have with ESISA for overdue rents or paying the following monthly payments, they can benefit:

At the payment of the debt.

To the postponement of it.

To the exchange or the transfer to another public housing, within the limitations, with lower rental income.

Through aid such as those processed with the Ministry of Development and Housing of the Junta de Andalucía in 2014 for vulnerable family units, problems of many families that were in judicial process of eviction for important debts have been solved and that they have been able to liquidate with that public help.

If we continue to count on external financial aid (including the municipal one), other alternatives such as:

The temporary suspension of the payment of monthly payments.

The temporary reduction of future fees.

The bonus of a part of the rental fee.

The compensation of debts or future installments by carrying out activities that are of community or social interest.

All response measures are temporary, and are linked to the maintenance of the family economic situation that motivated them, an end that is permanently verified by the company's Social Worker.

Now more than ever it is necessary to regulate this work carried out from the ESISA offices, for the benefit of all those citizens who might find themselves in one way or another with difficulties to face the payment of their home, since many are unaware of this activity and therefore do not go to it to benefit from it.

For this, we propose the formal creation, as has already been done in other municipalities, of the Municipal Office of Housing Defense, as a service that coordinates the municipal action strategy aimed at defending the right to housing to prevent risk situations of loss of habitual domicile and avoid evictions as much as possible, directed from ESISA and from where the services of guidance, social care, legal advice, judicial intermediation and with financial entities, owners or administrators of farms and social accompaniment would be provided to citizens who are in a situation of vulnerability for the defense of their interests, which will be treated individually, preserving their privacy.

Its implementation, once the Protocol for the creation of said Office has been approved, would begin by the physical signaling of the same in the ESISA facilities, through the corresponding identification panels, as well as the necessary disclosure to make it known to the public, using for this, all the own and municipal communication channels.

From this Municipal Office the actions would be coordinated between the different services that require some intervention: ESISA, Social Services, Courts, Bar Association, Local and National Police, Financial Entities, Property Administrators, Real Estate Agents, owners of homes, Citizen Service Offices, Consumer Service Offices, Municipal Women's Foundation, and others that could intervene.

To do this, with the main objective of avoiding improvisation, and adopting measures that are aimed at giving an orderly response and with sufficient time to carry them out, it is necessary to sign an action protocol together with the Judicial Administration , in which the measures aimed at resolving situations that may lead to the eviction of many families from their homes are ordered and certified.

From ESISA, conversations have been initiated with the Judge Dean of the Courts of San Fernando, with the objective of adopting a joint agreement, between the City Council of San Fernando and the Judicial organ, reflected in a document that includes the necessary measures, with the In order to avoid evictions. At the moment from the Judicial Administration in San Fernando, we can say that it is in agreement with the signing of the necessary documents, and the adoption of concrete measures, while waiting for an equally prepared proposal, to convene a Board of Judges to approve the mechanisms agreed between the parties.

These protocols of action, put us on the road to avoid dramatic situations without having the mechanisms that can offer adequate alternatives. For this reason, it is necessary to have a procedure that the affected party may urge and that involves the entities or bodies that intervene in the process. In the case of foreclosures the participation of the banking entities is essential. It is essential that from the moment the defaults begin, one can act with agility to be able to have sufficient room for maneuver, and in the case of rental default processes, to detect them also from the beginning, to be able to adopt the necessary measures, even avoiding The lawsuit.

Obviously, in order to achieve the objective pursued, the advice and mediation that ESISA can offer are not always sufficient, being essential that it be completed with a direct intervention of the Municipal Corporation and the Andalusian Board through the signing of Agreements and Agreements with the Banking entities to provide solutions to these processes, with measures such as:

Moratorium on Eviction.

Moratorium on the Mortgage Credit.

Payment in.

Management of vacant homes owned by the Banking Entities.

Study of a municipal Ordinance, which provides for an economic benefit for the rental of housing, for those family units that are going through a period of crisis and do not have sufficient economic resources to cover the expenses caused by the rental, and that could amount at 40% of the monthly rental price of the home, for an established period that will not exceed six months.

Study of a municipal program to help with the mortgage payment of the habitual dwelling, aimed at citizens whose low income makes it difficult for them to pay the mortgage payments, incurring the risk of losing the home and exposing the family unit to a possible situation of vulnerability and social exclusion.

These Agreements would regulate in an explicit and detailed way both the requirements to be fulfilled by the affected recipients of said measures and the conditions under which they would be applied, without any subjective interpretation by the Banking Entities and without the need for individual negotiations.