In today’s article, we would like to share with our readers the recent judgment granted by the Denia Court Number 4, Judgment number 119/17, dated on the June 8, 2017, by which the court of this municipality of the Costa Blanca has accepted the court claim presented by this law firm: White Baos Lawyers, on behalf of the British expatriate marriage, of Mr J M and Mrs K M
Expenses Clause. On the aforementioned court decision, it has been accepted, at our request for the annulment of the expenses clause, by which the bank, in this case Banco Sabadell, imposed the payment to my clients of all expenses arising from the mortgage loan.
Thus the court of Denia, confirms that said clause is null and void because it is abusive and generic; lacking any distinction or specification. It also imposes and forces the consumers to pay for all the expenses, taxes, and cost consequences of the mortgage loan, whatever they are, although some of them by law must be paid by the bank itself.
As a result of this declaration of nullity, the Denia court, obliges the bank to return to the client the expenses paid as notary fees and land registry fees, that correspond to the bank (but not taxes), plus their interests, and also demands that the bank pay the costs of the court process, which means paying the full legal fees of our clients.
Therefore, if this judgment is not appealed, my clients will be compensated for the payments made to the notary, the land registry and interest, resulting in all the money being recovered entirely for them, as our costs, as lawyers will be paid by the bank.
Delay Interest and Termination Clauses. Likewise, in the judgment referred to above, the court number No 4 also has declared null and void, the clause relating to the delay interest fixed at 25% per annum, and the clause empowering the bank to be able to terminate the contract simply for the delay in just one monthly payment of the loan, since it is a clearly abusive and disproportionate clause.
From White Baos Abogados we offer our clients the possibility to claim without costs or risks for the expenses that you paid when you signed your mortgage loan, according to recent jurisprudence; mainly notary and land registry fees.
If you have a mortgage loan and want to recover some of the money you paid, 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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