BANKIA ORDERED TO RETURN NEARLY 1,200 EUROS TO AN INDIVIDUAL

The Provincial Court of Las Palmas annuls the opening commission on mortgages

The court establishes that it does not correspond to any real service and that, therefore, it is an expense borne by the bank.

April 24 2018 (19:56 WEST)
Courthouse Facade
Courthouse Facade

The Fourth Section of the Provincial Court of Las Palmas, a chamber specializing in general contracting conditions in the province, has decreed the nullity of the opening commission clauses in mortgage loans, understanding that they are not perceived as corresponding to any real and effective service or expense, and that it is also not an activity inherent to the banking business itself.

The court presided over by Judge Juan José Cobo and completed by Judges Elena Corral Losada and Jesús Ángel Suárez Ramos establishes that the aforementioned commission is nothing more than costs inherent to the exploitation of the banking business, which are covered with its own resources.

The ruling that establishes the doctrine of the chamber - there is no jurisprudence from the Supreme Court at the moment - upholds the appeal of an individual from Las Palmas de Gran Canaria and orders the entity with which she signed the mortgage loan, Bankia, to return the 1,189.26 euros that she had paid for this concept.

Furthermore, the ruling reiterates the doctrine that the chamber had already established in previous rulings: the bank must pay all notary expenses, the Property Registry, the management company and the appraisal of the property, the bank and the client pay half of the stamp duty included in the notary's invoice and the borrower client is the one who must pay the Property Transfer Tax and Documented Legal Acts.

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