Good News for Mortgage Holders Who Paid Costs Associated with Property Purchases

For those who have bought a property in Spain with a mortgage will have paid costs and fees associated with the mortgage on the purchase. These costs will include: valuation, notary, registry,(judicial taxes) and management fees.

The Supreme Courts ruling of December 2015 declared null and void the clause and that these costs should have been shouldered by the banks. This sentence has now set a precedent and we suggest that the costs and fees can be reclaimed.

Statute of limitations is four years from the last mortgage payment.

Important update. Not all our recommended lawyers will be able to be instructed on a now win no fee basis. With any lawyers who had offered this system to us in the early days, have also seen that not viable for them due to the amounts of some of the claims.

It is estimated that the amount to be reclaimed with interests, could be as much as 4,400 on a mortgage of 150,000.

You may also be affected by the floor clause and will also be provided on information to proceed with that particular claim. For further information, enter the link below.

Clausula Suelo-Floor Clause

Important Update:

The Supreme court ruled for the consumer on the taxes and part set up costs of the mortgage. A week later (rather not give reasons) the Supremo went back on it’s ruling. A case for a consumer has been taken to the European Court of Justice. Until there is a sentence from the ECJ, those wishing to claim should wait for the ruling.

When we have further updates, we can suggest that those who wish to be included in a possible action to recoup their monies, should mail: myra@citizensadvice.org.es

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.