The Court of First Instance number 1 of Arrecife has condemned Banco Santander to return to a client from Lanzarote the expenses of formalizing the mortgage, being the "first sentence" that is dictated on the island in this sense, as confirmed to La Voz by the lawyer David Monte, from M.L.D. Abogados, who brought the lawsuit.
Specifically, Banco Santander must reimburse a resident of the island for notary fees, Property Registry fees and management fees, which amount to 1,190 euros, considering that the clause for all these expenses "is abusive." In this way, the Courts of Arrecife have begun to apply the ruling of the Supreme Court of December 2015 that obliges banks to pay the mortgage expenses.
"Both the formalization of the public deed before a notary and the registration of the mortgage guarantee in the Property Registry are carried out in the exclusive interest of the lending bank. It is the latter who must bear these expenses, so it must reimburse the lender for what the latter has proven to have paid in the application of the declared null clause," says the Court of First Instance number 1 of Arrecife in its ruling.
However, regarding the settlement for documented legal acts for an amount of 1,778 euros that the client also claimed, the Court rules that "its restitution is not possible" considering in this case that they correspond to the consumer. "This is what remains to be fought, which will be the Audience that will discuss it," his lawyer has pointed out.
