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.
Therefore, at the present time consumers have the right to claim the return of their mortgage overpaid fees, which are namely those Notary, Registry and Stamp Duty Tax (socalled "Impuesto sobre Actos Jurídicos Documentados") expenses regarding their mortgage formalization.