Finally they remain distributed mortgage expenses between banks and consumers. And it is that just a few days ago, a new sentence of the Supreme court resolved that the expenses of appraisal They have to be borne by the entities and not the clients, as has happened until now, as long as the Real Estate Credit Law 5/2019 is not applicable.
It was the last point that remained to be known in order, as we say, to discern the costs which went to the banks ‘pockets and which ones to the consumers’. To make this decision, the Supreme Court has had as a basis for analysis an appeal for cassation regarding an appeal sentence of the Provincial Court of Cáceres in a case involving Liberbank.
In this way, the High Court has established a new doctrine that states that the clients have the right to reimbursement of all expenses paid for property registration, management and appraisal, as well as the half of the notarial expenses.
Therefore, as detailed Helpmycash, they would be distributed as follows:
- Notarial charges: they usually represent 0.1% and 0.5% of the mortgage liability. You can recover the half of this game.
- Management fees: they are not regulated by law. They are usually around 400 euros. You can claim up to 100% of the amount paid for this concept.
- Property registration fees: they do not usually exceed 0.2% of the mortgage liability. The customer has the right to recover everything paid.
- Property appraisal expenses: It usually costs about 300 euros on average. All can be recovered, according to the last sentence.
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How can I claim those expenses
As Helpmycash explains, to claim these expenses from the client, they will have no choice but to file a ordinary claim to the bank or put a complaint before the court of abusive clauses. For this, it will be necessary, first, to gather all the invoices of the items paid after the formalization of the contract.
Afterwards, a claim before him entity customer service. In the event that there is no response or the request is denied, the complaint can be made to the Bank of Spain. Finally, if the demands are still not accepted, there would be the alternative of filing a lawsuit before the courts (assessing, however, the pros and cons going to court and the expenses that this may entail).
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