Dear Mr Baos,
I have been reading with interest your articles about the legal action that everyone has in order to be able to claim back for all the costs paid at the time of signing for the mortgage with the bank, i.e.: the costs of the notary, land registry etc, for all the Spanish mortgages
We paid our mortgage off some years ago, could you please confirm if it is possible to claim even with the mortgage has been cleared, and how long we have to claim?.
Dear reader, thank you for your query.
Yes, it is true, as the Spanish Supreme Court in its court decision of 23/12/2015, and also many other courts, like: the Appeal – Province Court of Logroño in a court decision order of 16/06/2016, the Appeal – Province Court of Malaga in a court decision of the 29/01/2016, etc., has confirmed that the clauses inserted by the banks on the mortgage deeds, stating that all the costs and expenses of any kind regarding the mortgage must be paid by the debtor-consumer, is null and void, as the consumer could not be obliged to pay some costs that by law should be paid by the company, in this case, the bank, as per the Spanish General Consumer Law.
On all the mortgage that we have seen, it is said that all costs must be paid by the consumer, so that means, as you said, that probably 100% of the mortgage will be affected by this null clause.
As remind in previous articles, in a mortgage loan of about 150,000 Euros, the expenses that can be claimed would be between 3,000 Euros and 3,500 Euros and if we include the taxes (AJD) the expenses can amount up to 7,000€. Please remind that no all courts understand that the taxes could be claimed for.
Please remind that we offer a No Win No Fees: we also help our clients to claim, and we do not charge them unless we win the court case, and in the majority of this kind of court cases, the bank is asked by the judge to pay the legal fees of the consumer ( if we in 100% of our claim), so if that happened all the money get back from the bank will go to our clients, and we will get paid by the bank, so we will not charge any % of the money refund.
Mortgages already cancelled, paid off, foreclosed, keys back to the bank, etc.
As per your question, Yes, I would like to confirm that we understand that is possible to claim for the expenses back, even if your mortgage has been cancelled, paid off, etc., because we claim for the nullity of the clause, and a clause null and void, it must be considered that never existed, therefore, there is not time limit to claim for it, although some other legal interpretation understand that it could be a deadline of 4 years from when the Supreme Court ruled about it.
In any case, we understand that you are able to claim even if you cancel your mortgage time ago, even if you sign transfer your property to your bank in payment of the loan, etc.
If you have or had a mortgage, contact us, we will claim for your
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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