20 Feb Claim the costs of formalizing your mortgage!

The Supreme Court of Spain has ruled about against the banks about an busive a clause, very common and typical in mortgage lending in Spain. This clause imposed on the borrower the payment of all expenses, and taxes derived from the mortgage loan.

These clauses, which can be easily located in the deeds are entitled “Expenses” or “Expenses of the borrowing party”.

Among the expenses that the clause imposed on consumers are those related to the formalization or drawing up of the mortgage loan (notary expenses and property registration in addition to the necessary appraisal), taxes, commissions and any other expenses for the conservation of the real estate . In addition, it was also usually authorized by the borrower to the Bank, so that the latter will charge in his account the necessary amounts until the total registration of the mortgage in the Land Registry, adding the expenses, also borne by the borrower.

To claim these amounts it is necessary to present a complaint to the entity that must contain the following essential information:

-The data of the mortgage loan, and the borrower.

-Identification of the clause that is considered abusive and whose inapplication is requested.

-Reference to the decisions of the case-law STS December 23, 2015 and legislation that supports the petition – General Law of Consumers and Users.

-Detail with contribution of copy of the invoices paid at the time, such as Land Register, notary, appraisal, management and AJD Tax.

However, such a claim must be accompanied by a subsequent judicial proceeding in which the entity is ordered to eliminate the clause and return the amounts if the entity does not agree with the sole claim by the client.

From Navarro Llima Abogados we make available to all those people who are in a position to claim these amounts a model drafted by the own office, for which it is enough that you send an email requesting it to the following address: info@navarrollimaabogados.com. As soon as possible, we will make the writing available to you at no cost.