How to claim up to 3,000 euros for mortgage expenses after the Supreme Court ruling
If you signed a mortgage loan before 2019it is possible that the bank forced you to pay the expenses associated with signing the mortgage: appraisal, management, registration or notary fees… expenses that, in 2015, the Supreme Court resolved as abusive expenses. The Court of Justice of the European Union (CJEU) determined that same year that the banks had to returnto all those consumers who requested it, the vast majority of these expenses: an average of between 1,500 euros and 3,000 euros in each caseaccording to the Association of Financial Users (Asufin).
If before this right was subject to certain deadlines, now a new ruling from the Supreme Court (which endorses the criteria of the CJEU) establishes that it will be possible to claim these abusive expenses from the moment in which a court declares the nullity of the clause of these payments, which may be required even if the mortgage has already been paid, amortized or cancelled.
Who can claim mortgage expenses
They can claim reimbursement of mortgage expenses from All those consumers who signed a mortgage before June 2019date on which the new mortgage law came into force, and to whom the bank charged some concepts of the so-called expense imposition clause: the totality of the costs of record, management and appraisalas well as half of the notary expenses.
These expenses, according to the new law, correspond to the banking entity with which the loan is signed, and not to the clients, so successive rulings established that the banks had to return this money to his clients.
Until when can you claim?
The new ruling establishes that clients will be able to claim the mortgage expenses of these concepts from the bank after a ruling that establishes said expenses and requires reimbursementprovided that they were not aware of the allocation of said expenses, and regardless of the age of the mortgage or whether it has already been amortized or cancelled.
The deadline to do so will be five years from said sentence judicial, in which the consumer may request reimbursement of expenses plus legal interest.
How to request reimbursement of abusive expenses
To claim these amounts, if you have been affected, the most appropriate thing is complain first to the bank with which you have signed the mortgage loan. In the event that there is no satisfactory response, there are other instances where this right can be claimed: the Bank of Spain complaints service wave judicial means.
It will be necessary to provide, in addition to the DNI, the writing of the mortgage (where the imposition of these payments must be stated), the bill of the notary or the writing of the property registrationas well as the management either appraisal and the registration amount: proof of these unjustified charges. If you don’t have them, you can try to ask the agency for it with which you carried out the procedures, since they keep the records of these operations.
