How to claim mortgage expenses

In July 2020 the Court of Justice of the European Union issued a ruling establishing that all financial entities were obliged to reimburse mortgage expenses to borrowers (notary, management, registration and costs derived from valuing your property).

Europe’s guidelines were adopted by the Supreme Court in several rulings, so it is currently posible to claim the following amounts:

  • 50% of the Notary fees
  • 100% of the Land Registry fees
  • 100% of the Agency
  • 100% of the appraiser’s invoice (valuation of your property)

Legal interest will be added to all these amounts, calculated from the moment they were paid until effective payment by the banking entity.

Can I claim a refund of my mortgage expenses?

All those who signed a mortgage with their bank before the Mortgage Law of 2019 and had to face the bill for the notary, agency, registration and appraisal can claim. The Supreme Court declared this clause abusive, establishing repayment. The amounts that you paid improperly can range between 1,500 and 3,000 euros on average.

In the case of mortgages signed after June 2019, it is the banks that assume the notary and registration costs in the property registry, as well as the agency in charge of the procedures, while the consumer must charge for the costs of appraising the property and copies of the deed.

WHAT DO I HAVE TO DO TO RECOVER THEM AND WHAT DOCUMENTATION SHOULD I PROVIDE?

The first step will be to review your mortgage deed to confirm that this abusive expense clause actually exists (regardless of having already paid out your mortgage loan) or others that could also be claimed. You may forward a copy of the mortgage deed to us.

Once we have confirmed the existence of the aforementioned abusive clause, we would need you to kindly forward a copy of the following invoices by email:

  • Notary’s invoice: fees for the signature of the mortgage deed;
  • Land Registry’s invoice: fees for the registration of your mortgage deed;
  • Agency’s invoice: fees for arranging the registration of your mortgage deed;
  • Appraiser’s invoice: fees for the valuation of your property.

If you do not have a copy of these invoices in your files, and they are too old to request a duplicate, you can also send us the settlement of the provision of funds you paid, which usually states all the payments made, relating to both the purchase and the mortgage loan.

The last step will be to grant a power of attorney in our favour and the court agent’s to be able to act on your behalf throughout the court proceedings.

THE STUDY OF YOUR CASE WILL BE FREE OF CHARGE

At Carlos Haering Lawyers we provide a free consultation service and feasibility study to evaluate the merits of your particular case. Should you choose to, we are ideally suited to handle all the aspects of your legal claim, including taking it to the courts.

We are specialists in Banking Law and claims against financial institutions. Hundreds of favourable rulings for our clients attest to our ability. Call us now for a no-obligation consultation. We will respond with complete honesty and transparency. We do not require a single Euro in advance. We only charge attorney fees if you recoup your money.

We will conduct a free, no-obligation study of your case; estimate the possible monetary claim in your favour, and discuss with you the viability of your legal claim.