The plaintiffs, both over 70 years old, demand that a debt exceeding three million euros per person be declared unenforceable, which, according to their account, they never requested or received. The dispute stems from a real estate transaction in the early 2000s, when they transferred their homes in an exchange with a developer for new apartments on Forn Street in Sabadell.

These properties, however, were ultimately delivered with a mortgage linked to a multi-million-euro loan that the developer had taken out for construction. With the developer's bankruptcy, the debt ended up in Sareb's hands. Despite this, the affected parties possess a document guaranteeing that the apartments would be delivered free of mortgage encumbrances. Now, more than two decades later, the entity is claiming the debt from the owners.

According to the lawyer, the central point is clear: the debt exists, but it cannot fall on the residents, as they never received the loan. It is an external debt that has been unfairly transferred. The long time elapsed since the conflict's origin is also criticized, deeming it an unfair delay.

The case, which will be resolved in the Sabadell Courts, originated from the bankruptcy of a real estate developer who had received a loan exceeding six million euros to build the new homes. The residents' lawyer maintains that they signed mortgage documents without adequate advice and in a context of trust, being induced to sign without understanding the real scope of the charges.

The filed lawsuit seeks to uphold the original exchange agreement and recognize the affected parties' right to retain their homes without the burden of the debt. The court has already ordered a preventive annotation in the Property Registry to warn of the possible nullity of a potential auction, in a litigation that could set a precedent in similar situations.