So you can recover the money from the mortgage that they charged you abusively

2023-06-10 20:08:53

Certain banking and financial entities are reimbursing their clients for the money collected for unfair mortgage clauses, such as the Opening commission.

This situation is due to the intervention of the courts and the influence of the European Court, which has established that said clauses must be returned in those cases in which they are considered abusive.

The return process has been initiated by various court rulings. Initially, the Álava Justice it was the first to open the way towards the restitution of payments for mortgage concepts that aroused suspicions due to their justification.

Subsequently, the courts of Almeria and Bilbao handed down a sentence condemning Cajamar and Kutxabank to repay 50 clients a total sum of 7,105 million euros for mortgage expenses.

The entrance on the scene European court, following a consultation by the Spanish Supreme Court, changed the landscape and strengthened the rights of clients. European justice established that not all mortgage clauses were necessarily abusive, but that it had to be determined on a case-by-case basis.

In which case is it not abusive?

For a clause not to be considered abusive, it is required that the client has fully understood the purpose of service associated with the clause and that its amount is proportional to the amount of the mortgage.

In addition, it must not have been previously paid under another concept. In other words, the clause must imply a genuine service for which a real payment is made and for the first time.

Clients can claim a refund of 50% of the notary fees and 100% of the appraisal fees. Photo: Freepik

How can they claim?

An important aspect is that there is no time limit to claim these unfair terms. No matter how much time has elapsed since the payment was made, anyone can request the analysis of their case and, if applicable, the corresponding refund.

Before 2019, banks and financial institutions used to impose on customers the obligation to bear certain expenses related to the mortgage, justifying them in the risk study of the client and the operation.

However, in that year, the Supreme Court ruled that the bank should be in charge of 100% of the costs of appraisal, management and registration, and of the 50% of notary fees. For its part, the European Union considered that these expenses were incidentals and that the risk study should be the initiative of the bank.

It is important to bear in mind that this obligation imposed by the Supreme Court only applies to mortgage deeds that were formalized before the entry into force of the new mortgage law in June 2019.

Therefore, customers in this situation can claim reimbursement of 50% of notary fees and 100% of appraisal, management and registration fees. These payments have been declared void, and the amounts vary depending on each mortgage, but are generally around 1,000 euros.

It is recommended that professional advice be sought to analyze the specific case and, first of all, an attempt be made to claim the return directly to the bank.

However, in some cases it may be necessary to file a complaint and take the case to trial. In these instances, it is also possible to claim other unfair terms, such as late-payment interest, the commission for overdraft expenses, early maturity or the floor clause.