How to claim all mortgage expenses from your bank

It is very possible that a few years ago, more than one of you will sign a mortgage loan contract with the bank of your "trust". In addition to the famous abusive land clauses that are so fashionable lately in all media and which will be dealt with in another article, the courts of our country also declared other types of clauses that banks introduced in mortgage contracts to be abusive. unilateral.

These are the clauses that oblige the borrowers -the consumers- to face all the expenses that would derive from the formalization of said contract, that is, notary expenses, expenses of the Land Registry or the tax of Legal Acts. among many others.

The judgment 705/2015 of December 23 of the Supreme Court declares that:

All the taxes, commissions and expenses caused by the preparation, formalization, correction, deeds processing, modification -including division, segregation or any change that implies alteration of the guarantee- and execution of this contract are the exclusive account of the borrowing party. and for the payments and reimbursements derived from it, as well as for the constitution, conservation and cancellation of its guarantee, being also its charge the premiums and other expenses corresponding to the damage insurance, which the borrowing party is obliged to have in force.

What expenses can I claim?

Notary fees
Expenses derived from registration in the Land Registry
The Tax on Documented Legal Acts
On average, these expenses can amount to between 3,500 and 4,000 euros, an amount that the bank unilaterally obliged in the contract to pay the consumer and that, according to the stipulation of the judgment, must be returned to consumers.

How can I claim?
minimum salary rise

First of all, you must go to the Customer Service Department of your bank and request a refund of all these amounts in writing. To this writing must accompany the invoices that show that we have paid these expenses.

Once this prior claim has been made, the bank will respond to us in one way or another. Although they are obliged to return the amounts, it is possible that some bank entity becomes a tramp, so we will have no choice but to go to court.

Also, due to the complexity of the matter, it is advisable to go to an expert - a lawyer - from the beginning, since a good brief of previous claim and a good negotiation, can avoid having to go to trial.

Said all the above, according to the ruling of the Supreme Court, banks are required to reimburse consumers all the expenses they paid at the time of formalizing the mortgage loan deed and sometimes amount to 4,000 euros. These clauses have been declared null and void and many entities are already modifying them in the new mortgage loans that they are signing, assuming all the expenses themselves or in some cases a large part of them.

In short, if we had to face all these expenses when we signed our mortgage, it is now the best time to claim them from the bank. If we ourselves do not enforce our rights, nobody will do it for us.

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