The bank has to return mortgage expenses
Since the entry into force of Law 5/2019, regulating real estate credit contracts last June 16, 2019, it has been clearly established which expenses must be borne by one and the other party. Thus, the customer has to pay the following costs:
Before the entry into force of said rule, it was the bank customer who paid most of these amounts. But following a Supreme Court ruling in December 2015, which declared that these clauses were abusive, and a series of subsequent rulings, the possibility of claiming mortgage expenses has been opened as long as the clause was declared abusive.
Who can claim? Any client of the bank who has signed a mortgage loan contract that includes an abusive clause, regardless of whether the mortgage is active, cancelled or whether the property has been sold. We are referring to customers of the bank who are individuals and who are consumers.
Costs of a mortgage 2021
A mortgage loan has to be deeded and registered, which generates a series of mortgage formalization costs (in addition to the purchase and sale costs): notary, registry, agency, appraisal and taxes. Currently, thanks to a law of June 16, 2019, the client only has to pay the appraisal, while the bank has to pay the other costs.
For example, for an average mortgage of 150,000 euros you could recover about 1,500 euros in incorporation costs: about 430 of notary, about 400 of agency, about 370 of registration and about 300 of appraisal.
How much you get back for mortgage expenses
The first thing we do is to review the mortgage deed and the bills of expenses. Then we file an out-of-court claim to the bank, and if it is rejected, which is the usual case, we file a lawsuit in the specialized Court of your province. The objective is to annul the mortgage formalization expenses clause and recover everything that has been unduly paid.
These are the mortgage loan formalization expenses, which you had to pay when you signed the mortgage. These expenses are related to an abusive clause in the deed, imposed by the bank.
This is the notary fees for the mortgage loan deed. These are notary fees depending on the amount of the mortgage. Do not confuse them with the notary fees for the deed of sale of a property, these have nothing to do with the bank.
It is the cost of registration of the mortgage in the Property Registry, so that in the house an annotation is registered with the existence of a mortgage guaranteed by that property, that is to say that it has a mortgage charge.
Claiming mortgage expenses 2020
Autor: Redacción 02 November 2021, 9:31 The Organization of Consumers and Users (OCU) ensures that users who have claimed the return of mortgage origination fees unduly charged by banks are recovering an average of 1,000 euros, so it has encouraged all those affected to claim.
OCU recalls that the Supreme Court and the Court of Justice of the European Union (CJEU) have recently ruled that, once the clause is declared unfair, it corresponds to the return of all expenses paid for registration of property, agency and appraisal, as well as half of the notary fees. In other words, 100% of the agency, appraisal and registry fees, and 50% of the notary fees can be claimed back.
“100% of the claims handled by OCU have been successful, recovering an average of 1,000 euros per mortgage, between reimbursement of expenses and interest. In fact, the organization has already helped its members to recover around half a million euros. Moreover, in the event that it detects other abusive clauses in the contract, such as IRPH or the floor clause, it also claims them in the same legal proceedings”, he explained.