When we buy a house and we want to finance the purchase of our property, there are two types of expenses generated. The expenses produced by the deed of the house and the expenses of the constitution of the mortgage loan.
Regarding the latter, on the formalization of the mortgages, for many years, the banks overcharged their clients, denounced as an abusive practice by the Court of Justice of the European Union, for charging all the management costs by the banks to their clients such as notary fees, agency fees and property registration costs.
The European Court of Justice has decided that the customer will be entitled to recover all the money paid for these expenses if a clause is declared void as abusive. “unless the provisions of national law applicable in the absence of such a clause require the consumer to pay all or part of those costs”.
Therefore, according to what the clauses of the mortgage contract indicate, the client will be able to recover all the money paid for the registration and 50% of the contribution for the notary and agency expenses, if it was signed with a clause indicating that it would take care of part of these expenses.
However, if no such clause appears, the client will be entitled to receive the full costs of notary’s office, agency, registration and appraisal, but not including the costs of documented legal acts tax.
The main argument of the Supreme Court indicates that there is not an adequate distribution of the costs at the time of formalizing a mortgage contract, since the banks are the main beneficiaries of this agreement, so it is up to them to pay part of the costs, in the same way that they cannot oblige the client to pay them in full in any way.
Customers who have made a mortgage contract will have a maximum period of five years to claim the return of these costs, from the time of conclusion of the mortgage, as indicated by the European Court of Justice.
In order to claim it, you can make an ordinary complaint to the bank or denounce the bank through a court specialized in abusive clauses, since there is no extrajudicial mechanism to which you can adhere in order to resolve it quickly, as in the case of those affected by the soil clause.
To be able to claim the amount of these expenses, if it is the case, it is important to recover all the paid invoices that are related to the formalization of the contract, then to lodge a claim in the banking organization where it was requested, if these do not return it to us or not even answer, the complaint will be elevated to the bank of Spain and if even so the bank ignores our claim, a lawsuit will be lodged before the courts; But before entering the judicial process, we will have to see if it is really worthwhile to do so, since victory is not assured and in the case of losing, we will have to pay the costs of the process.