MORTGAGE COSTS, WHAT EXPENSES CAN I CLAIM?

At Imont Legal Services we specialise in banking law.

The mortgage formalisation costs are the amounts derived from the payment of notary fees, agency fees, land registry fees and valuation fees that you paid when you signed your mortgage.
The Supreme Court in its recent Ruling 35/2021 of 27 January 2021 has ruled in favour of the consumer, establishing that consumers who had a mortgage loan are entitled to the restitution of 100% of the expenses paid for the registration of the property, agency and appraisal, as well as half of the notary fees.

These expenses must be paid by the bank provided that the mortgage loan deed is prior to the Mortgage Law of 2019, Law 5/2019, of 15 March, regulating real estate credit contracts, and that the mortgage expenses clause is considered abusive.

Now, as of the aforementioned Ruling, any borrower who has not yet recovered the costs derived from their mortgage can go to the Courts of Justice to be reimbursed the part that corresponds to them according to the criteria of the Supreme Court plus the corresponding legal interest.

With this latest ruling, the Supreme Court puts an end to the uncertainty as to which costs should be paid by consumers, which should be paid by the banks or which should be paid in half.

Mortgage loans prior to 16 June 2019:

– land registry, agency and appraisal fees -> 100% bank.
– Notary fees -> 50% consumer – 50% bank.
– Stamp duty -> 100% the consumer.

If your bank, when signing the mortgage loan deed, imposed you 100% of the mortgage formalisation costs, contact us, we can help you to recover money that you should never have paid.

Your trust is our success.

To date, we have obtained 100% of the judgements won claiming the return of mortgage arrangement fees and floor clause.
The Court of First Instance No. 16 of Murcia has issued several judgments completely favourable to many of our clients, upholding the nullity of the Mortgage Expenses contained in the public deed of mortgage loan and refunding the amount of the invoices that processed the mortgage deed.

These are some of our judgements won on mortgage expenses and floor clause:

– Sentence nº 1471/2020 dated tenth of October 2020 stemming from proceedings P.O 1217/2020 of the Court of First Instance No. 16 of Murcia.

Our client recovers the amounts paid for the floor clause despite having signed an agreement with the bank. The bank is also ordered to pay back the mortgage costs.

– Judgment no. 1299/2020 dated 30 September 2020 arising out of the proceedings P.O. 1174/2019 of the Court of First Instance No. 16 of Murcia.

Our client recovers more than 35.000 euros from Banco Santander for the floor clause and mortgage expenses.

– Judgment no. 1018/2020 dated 23 July 2020 arising from P.O. 1141/2019 of the Court of First Instance No. 16 of Murcia.

Our client recovers mortgage expenses.

– Judgment no. 223/2021 dated 2 February 2021 arising from the proceedings P.O 1540/2019 of the Court of First Instance no. 16 of Murcia.

Our client recovers the amounts paid for the floor clause despite having signed an agreement with the bank. The bank is also ordered to pay back the mortgage costs.

We are here to help you recover the money that belongs to you. We take care of the whole process so that you don’t have to worry about anything. Whatever your bank is, you can claim them back: BBVA, Santander, Bankia, La Caixa, etc…