Deadline to Claim Mortgage Expenses: CaixaBank and Santander Processing Payments

The deadline to claim mortgage expenses ends on April 14 and there are many clients of different banking entities that have begun the procedures in order to receive the amounts that they once paid, as established by the Supreme Court, on the right of consumers to claim the mortgage expenses they paid to formalize the mortgage which, according to the ruling, are considered abusive and void. As ON ECONOMIA has learned, The entities that have begun to process and manage payments are CaixaBank and Santander “in some cases.”

By CaixaBank have been the only ones who have already said it publicly, as announced by the CEO, Gonzalo Gortázar.in the last presentation of delegates: “We, to all the clients who request it from us and who provide the corresponding invoices for these expenses, are proceeding with the refund and we will continue to do so. I think it is something that we have already somewhat normalized, that has happened in terms of its impact and continues to do so on the income statement in terms of the adequate provisions to deal with these contingencies, and in some ways I believe that it has no major impact beyond the legal impact of when or what requires a certain action to be prescribed, which is, logically, also of great interest in other situations. But, as I already said, we are going to finish waiting to see how Spanish jurisprudence clarifies this issue and in the meantime we continue to return the mortgage expenses to those who claim them from us and presents us with the corresponding invoice”.

In the document it issues, after making the pertinent checks, the entity expels the expenses clause from the contract and irrevocably renounces its application. In this way, they specify that “From this moment, it is considered not included in your contract as if it had never existed.” And it is justified, following the law, to the fact that it must be understood that a contractual clause declared abusive has never existed justifies the application of the provisions of national law that may regulate the distribution of the costs of constitution and cancellation of a mortgage in default. agreed between the parties. And, on the other hand, considering that if these provisions make the borrower bear all or part of these expenses, neither Article 6, paragraph 1, nor Article 7, paragraph 1, of Directive 93/13 precludes that the consumer be denied restitution for the part of these expenses that he himself has to bear.

How are expenses distributed?

Thus, customers who receive a response, They are detailed in which surcharges the claim has been attended to and which ones have not., in accordance with the coherent combination of the Supreme Court Rulings, in accordance with the legal and regulatory rules applicable at the time of contracting. And they are distributed as follows:

a) Registration fee for the registration of the mortgage guarantee: lending bank.
b) Management expenses: lending bank.
c) Notarial fee for the deed of incorporation of the mortgage transaction: in halves.
d) Appraisal expenses: lending bank.
e) Tax on documented legal acts: borrower.
f) Expenses derived from the cancellation of the mortgage: borrower.

With these conditions, the complete or partial return of what has been requested is made. As an example, with respect to the return of accrued documented legal acts tax, the Supreme Court has confirmed that the taxpayer of the documented legal acts tax accrued by the formalization of mortgage loans is the borrower. And, therefore, the bank solves part of it, but not all of it. In this case, the procedure is done by crediting the current account directly, although the date is not specified, it is usually after six business days on average.

If the answer is negative, the two main justifications given by the banks are that the mortgage clause is not abusive, or the action has prescribed. An argument that, in some cases and depending on the response given by the banks, motivates the client to end up hiring the legal services of a lawyer to end up receiving what is due to him. And, ultimately, the other option that remains is make the claim through the Bank of Spain.

2024-03-14 07:35:37
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