The last days to receive mortgage expenses: you can get a refund of up to 1,500 euros

Table of Contents

• 0.1 What can be claimed for mortgage expenses
• 0.2 The last days to apply in this Spanish region
• 1 What are the key mortgage⁢ expenses that borrowers in Spain should be aware of when considering a claim for refunds, and how can they prepare for the⁤ process?

About 8 million Spaniards you still have time complaint to their banks all costs incurred at the time of signing mortgageeven those who have already paid off the loan in full. These include registration fees, management fees, assessment fees and part of the notary fees. From the Association of Financial Users (Asufin) they remember that clients can request the costs taken as well as interest from their bank.

The association won a class action lawsuit against Kutxabank, Caja España Duero (now Unicaja), ING and Deutsche Bank saying that all clients must receive the costs, including the opening commission, who have paid these organizations without the need for legal action. Although the High Court established in 2019 that the opening commission was not abusive, the Court of Justice of the European Union (CJEU) considered that it had to be transparent to be valid.

What can be claimed for mortgage expenses

The CJEU issued a decision in July 2020 that established the organizations to return all these costs. The The only exception is the fee on Legal Acts Documentsthe rest (notary, agency, registration and assessment) must be returned to the clients.

The European guidelines were adopted by the Supreme Court in several decisions: in July 2020 it established refund of 50% of the notary fees, he 100% registration and the opening commission; In October of the same year he established the return of the 100% of management costsand finally, in January 2021, he called the entity the 100% of the assessment. The amount returned by the groups to clients would be, on average, to 1,500 euros.

The last days to apply in this Spanish region

Many organizations initially refused to reimburse the costs associated with the notary and registration, claiming that the time to do so had expired if five years had passed, as it was established by the Civil Code. According to this term, The end would be on April 14, 2024 when the 5 years would be completed the declaration of the abuse of the clause by the Supreme Court, taking into account the freezing of procedural dates that was put in place during the pandemic.

For this reason, the CJEU established at the end of January that the deadline for the recovery of mortgage costss starts counting when the client knows that the clause is abusivesomething that opens the door for thousands of families to continue to apply beyond April 14. Therefore, and since the period for requesting the refund does not begin to run until the costs clause is declared void by a final judgment, regardless of when the mortgage loan deed was signed, there is no time limit for re- compensation of the costs of the mortgage more, it is. it does not dictate.

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However, with the join the New Fuero in Navarra in 2019, The current deadline to apply for the 1,500 euros has been affected. According to the substitute judge of the Court of Navarra and professor of Civil Law at the Public University of Navarra, María Teresa Hualde, the actions to be claimed in this area “have a new term of five years.”

As the New Jurisdiction came into force in October 2019 and in the pandemic 82 days were set as a non-working period for computing procedure dates due to the pandemic, those who are injured by this situation in Navarra as the maximum date is January 6, 2025 to claim mortgage expenses.