As you almost certainly know, the clause contained in 99% of Spanish mortgages for which all the expenses of formalization of the mortgage loan are imposed on the borrower, is an abusive clause and the amounts paid for several of these expenses can be claimed and Your amount recovered. The wording of this clause is practically identical in all the writings and has been declared abusive and, therefore, void by the Supreme Court in its very important Judgment nº 705/2015, of December 23.
Unfortunately, we are facing an issue where there is some legal uncertainty, because although it seems surprising, depending on the province in which we live we can claim and get the return of some expenses or others. It is a relatively peaceful criterion of the different Provincial Hearings of Spain, that the consumer has the right to be returned the amount he paid in payment of the notary bills, property registration and agency, but the issue of return is more controversial of the Tax of Documented Legal Acts and of the appraisal of the house.
Recently, on November 13, 2017, the Eighth Section of the Provincial Court of Alicante has finally resolved and established its criteria for this province, considering that both the notary expenses, registration of the property and management, not the amount of the Tax of Documented Legal Acts or the Amount of the Appraisal of the property.
Once it is clear what we can claim in the province of Alicante, we present our demands with the maximum guarantees for our clients. Likewise, if we were to sue outside our province, we would make a preliminary study of the Jurisprudence of the respective Hearing to ensure success.
If you have a mortgage loan, a novation, a mortgage subrogation, etc., you can contact us and we will help you. To begin your personalized study we would need you to provide us with the following documentation:
a. Notary invoice.
b. Property registration invoice.
c. Invoice of the agency.
d. Bank repayment / receipt box, any document where we can see the opening commission paid (which we also claim).
Once these documents have been collected, we will inform you if your claim is viable and the amount you could recover.
Do not hesitate, claim what is yours by right, we can help you.
Mario de Diego Martínez
Lawyer
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