After coming back from holidays, our office received a court order regarding a mortgage loan expenses and costs claim, that we understand is very interesting, and that has been granted by the court nº 3 of Denia, judgment number 179/17, where the court estimates the claim I presented as a lawyer of the White Baos Abogados, in my own name, Carlos Baos as a consumer.
What makes this very interesting is:
1- The clause imposing all the costs is abusive regardless of the background and knowledge of the consumer, even if he is a lawyer. In the case said, the respondent bank that has been finally considered responsible, Bankinter, based part of its defence on the fact that since I, the consumer affected by the expenses clause, am an expert lawyer in real estate law and banking law, I was clearly aware of the economic consequences and accepted it.
As we argued the judgment with the court in agreement, this clause is objectively abusive and therefore void, because it is disproportionate and imposes some expenses on the consumer that do not belong to him/her, regardless of the consumer’s background.
But it is important at this point to remember that the affected consumers, in order to be able to claim with successfully, must be an individual (no companies) whose mortgage is not related to their commercial, professional, etc. activity , while the training or experience of the consumer is irrelevant.
2- The sentence condemns the bank to reimburse us the expenses paid in connection with the mortgage loan, except for the Stamp Duty tax.
3- Also the court order asked BANKINTER to refund part of the expenses we paid for the registration process of the deed of purchase signed before the mortgage, at the land registry.
We understand that this is something new and unprecedented because as we proved before the court, the bank forced us, as all banks do in Spain, to use a company chosen by the bank, called BRAND, to deal with the registration at the land registry, not only of the mortgage loan deed, but also the purchase deed (escritura) signed before, imposing yet another expense upon the customer.
Thus, the judge based on our claim, has asked the bank, also to the return the amount of 508 € that the bank agency charged us to process with the registration of the deed of sale at the land registry.
From White Baos Abogados we offer our clients the possibility to claim without costs or risks for the expenses of your mortgage loan, 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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