You probably don't know it, but if you are paying for a mortgage or planning to do so, there are a series of associated expenses that can be claimed, and this is due to several first instance rulings, some of which took place in provincial courts and a ruling by the Supreme Court itself in 2015. In all of them, it is considered that banks must take charge, at least in part, of the costs involved in formalizing a loan for a mortgage. The Organization of Consumers and Users (OCU) itself has decided to claim through a campaign, as they estimate that there are about six million people who may be affected by this issue. The law firm Nogues Abogados (www.noguesabogados.com/gastos-de-hipoteca/) offers a specialized service so that all people who need it can recover this money. Take note because you may be interested.
The ruling we are talking about specifically indicates that "the extension of the clause is striking, which intends to attribute to the consumer all the costs derived from the agreement of the contract, replacing and sometimes contravening, legal norms with different provisions in this regard." But, what expenses are we talking about and how much can they amount to?
The expenses that have to do with the application for a mortgage and that can be claimed are several, such as: notary fees, home appraisal fees, registration in the Land Registry, or the tax on Documented Legal Acts. And all of them can add up to amounts that vary between 3,000 and 12,000 euros on average (although this amount will vary depending on the mortgage itself)
How to recover the money?
The first thing you can do is complain to the customer advocate. It is very likely that this will not yield good results and that the next thing to do is to file a lawsuit in court (here it is good to have a law firm to take care of the matter). It is important that when going to court, you have all the documentation that is considered appropriate to facilitate the work of the lawyer (we are talking about: the Land Registry, the mortgage deed, the notary's invoices...) The lawyer in question will be responsible for requesting the nullity of the clause by which it is understood that the payment of all those amounts is borne by the person who receives the mortgage.
The deadline to claim active loans ends in December 2019 (which is when four years will have passed since the Supreme Court ruling). Those who have already paid off their mortgage can also claim (as long as no more than four years have passed since this occurred)
The good thing about having a law firm specialized in this issue to take care of it, such as the one we mentioned above, is that they take care of everything and there is nothing to lose. They will not charge anything to their client, their fee will be charged directly to the bank or savings bank with whom the mortgage loan was made.
