Banks have been developing the practice of imposing on customers the obligation to bear the expenses derived from mortgage documentation and real estate registration, as well as the tax derived from it, and the clause that imposed such obligation was abusive because such expenses according to the law corresponded to the bank entity. This way it was being mainly interpreted in various judgments from Province Courts and Suprem Court. 

However, definitive backing in consumer protection has come as a result of three judgements of Spanish Suprem Court issued on October 16th, 2018, according to which bank is the person legally assigned to assume the  Stamp Duty Tax (socalled "Impuesto sobre Actos Jurídicos Documentados") derived from mortgage constitution.   

Article 89.3.a) of Consumers and Users´ Defense General Law establishes that a clause is deemed as abusive when it charges the consumer an expense that by its nature legally corresponds to the entrepreneur. 

Accordingly, PALOMAR abogados wants to stress that Spanish Suprem Court has ruled that "as regards to notarial deeds and property registration, spanish regulations clearly assigns the debt to the applicant of the respective service. As a consequence, financial entities are due to pay them, and we must consider as abusive any clause assigning said fees to the client.

On the other hand, article 89.3.c) of  Consumers and Users´Defense General Law establishes that it must be deemed as abusive any clause assigning to the consumer a tax debt whose legal tax payer is the entrepreneur. Since Spanish Suprem Court sentences of October 16th, 2018 have set that banks  are the ones levied to the Samp Duty Tax (socalled "Impuesto sobre Actos Jurídicos Documentados"), any mortgage clause setting otherwise must be considered as abusive. 

In the case you have acquired a house, no wonder you must have been affected by this abusive clause. Practically all of the mortgage deeds contain the clause by which mortgage expenses are imposed on the borrower.

They are usually located in a clause socalled "expenses", "mortgage expenses" or similar, and may use mentions such as preparatory expenses, taxes or similar.

You wil see how easy is to locate it, and in any case we are at your disposal to help you.

And of course Palomar Abogados recommends you to initiate a claim, since Spanish Suprem Court sentence 705/2015 and also its last three sentences of October 16, 2018 clears the way and you have a great chance to recover your money.

Since long ago we defend the interests of our clients throughout Spain.

No matter where you live, we are always able to defend your legal rights.