Cassinelli Studio Legale successfully assisted a leading Italian securitization vehicle company in an appeal proceeding before the Panel of the Catanzaro Court, challenging an order suspending a real estate foreclosure procedure. The first judge had suspended the procedure due to the conditional nature of the enforceable title (in this case, a mortgage loan). 

The Panel, fully agreeing with the arguments of the SPV, ruled that the conditional loan retained its enforceable effect since the subsequent submission of a notarial deed of disbursement and receipt confirmed “the actual release of the already loaned amount (and its retransfer to the lender) in favor of the borrower“. 

The defense was handled by Roberto Cassinelli together with Vittorio Bertorello.