How can I claim mortgage charges from banks?
A ruling by the Supreme Court opens a way for consumers to request the repayment of part of the costs of setting up these loans
A ruling by the Supreme Court opens a way for consumers to request the repayment of part of the costs of setting up these loans
The Supreme Court declared in December of 2015 as abusive the clauses of Popular and BBVA that imposed on clients the payment of all expenses of formalization of mortgages, when they should be assumed by the banks in their totality or at least a part of them, since the entities are interested in registering the mortgage deed. Since then, there have been judgments of different audiencias and courts of first instance for and against. The OCU, which brought the issue to Supreme Court, Facua and Adicae, have launched campaigns to claim these expenses and advise first to demand their return to the bank client defender before going to court. In recent months, at least six banks, Santander, BBVA, CaxiaBank, Bankia, Sabadell and Ibercaja have modified their clauses and assume about 30% of expenses to avoid further claims. The most difficult issue to claim is the Tax of Documented Legal Acts, which accounts for 70% of the bill.
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