AS expected, the General Council of the Judiciary has extended the special competence of the courts dealing with abusive clauses of mortgage loans during the year 2020 and in the case of Alicante Province and this special court is number 5-bis of Alicante City.
White Baos Abogados has helped dozens of those affected to successfully recover the expenses paid, without the need for additional cost, any provision of funds, or any expenses and has won 100 per cent of all claims presented.
Who can claim?
Although there is discussion about the possibility of claiming in these cases by some businesses there is no doubt that consumers can successfully claim the return of all of the expenses paid by those private purchasers who were forced by the bank to pay the costs of completing their mortgage loan in relation to notary fees, land registry fees, bank agent fees for dealing with the registration of the mortgage deed, etc.
It will be more complicated for those who took a mortgage loan for a professional or commercial purpose, as they will not be considered by the courts as having consumer status.
What documentation is needed to claim?
To claim on your behalf you must provide us with a copy of the signed notary mortgage loan deed and the invoices for the expenses paid by you e.g. for the notary, land registry, agency in charge of the registration of the deed, and in general all the expenses that you have paid.
How much can I claim?
According to the latest decision of the Spanish Supreme Court (with which we disagree with and we hope the Court of Justice of the European Union (ECJ) will rule against it), you can at the moment request the refund including back interest of;
Notary Expenses, the Supreme Court basically says that they must be shared between the two parties since they were both involved in signing the deed, so you can reclaim 50 per cent of what you paid.
Management Expenses, that is to say the expenses that the bank agency charged for processing and registering the mortgage deed in the land registry, which the Supreme Court contends benefits both parties, so in principle you should have paid just 50 per cent, you can claim back the balance of 50 per cent of what you paid.
Property Registration Expenses, the Supreme Court says that this cost must be paid by the bank, since it is the bank that wishes to register the mortgage against the property as collateral for the loan given; therefore the full amount paid by you for this may be claimed.
As for other costs, such as taxes (Stamp Duty), etc. it is worth including them in the claim, since the doctrine adopted by the Supreme Court could be modified by the ECJ.
If you paid all the expenses of your mortgage loan, we advise you to claim, with no legal cost and no risk, contact us and we will help you.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel: +34 966 426 185
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