In today’s article we would like to remind consumers affected by mortgage floor clauses, and other abusive clauses like the clause that makes them to pay all the costs of the mortgage, abusive delay interests, etc. that recent rulings negate banks’ claims that clients would lose out in pursuing any court case. Banks keep losing these court cases, and are being asked by the courts to pay back not only the overpaid interests, but also interest on those interests, and the recalculation of the mortgage table, meaning that the pending capital should be also reduce with the nullity of the mortgage floor clause. As informed previously to our readers ,the banks are not offering the correct amount to the customers affected by mortgage floor clauses.
We wish to share with readers some of the court decisions we obtained for our clients from the courts of Denia, all granted against banks.
1.- Court Decision number 274/2016 from the First Instance Court number 3 of Denia, granted in favor of Mr and Mrs B., against Bank Sabadell. The court agreed with the 100% of our petition and declared:
.-Abusive and therefore null and void the clause included by the bank on the mortgage loan deed, stating that the bank will have the right to terminate the contract and claim for the whole pending capital of the loan back, if the debtor (our client) missed only one payment of the loan.
.-Abusive and therefore null and void the mortgage floor clause of 3.75%.
2.- Court Decision number 27/2017 from the First Instance Court number 5 of Denia, granted in favor of Mr and Mrs S., against Banca March. The court agreed with the 100% of our petition and declared:
.-That the delay interest of 18% included by the bank on the mortgage loan deed is abusive and therefore null and void.
.-Abusive and therefore null and void the mortgage floor clause of 4%.
3.- Court Decision number 17/2017 from the First Instance Court number 4 of Denia, granted in favor of our client Mr J., against Banco Popular ( before Banco Pastor). Declares abusive and therefore null and void the mortgage floor clause of 3.50%, and asks the bank to pay for the legal costs.
In these 3 cases:
.-The bank was asked by the court to remove the mortgage floor clause, make a recalculation of the whole mortgage amortization table, and comparing it with the money charged, pay back the overpaid interest charged, plus interests, and recalculate the pending capital, etc.
.-The bank was also asked to pay the whole legal fees of our client, meaning, it would be 0€ to be paid by the clients to us, all will be paid by the bank, and the client will receive all the money from the bank.
Defend your rights, and do not come into an agreement with the bank without review the figures offered by them, you can claim at no costs. Contact us, we are experts, 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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