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Mortgage Fees
Suprem Court sentence of October 16th, 2018, sets that Stamp Duty Tax - I.A.J.D levied on Mortgages must be paid by the Bank.
¿Did you pay Tax, Notary and Registry Fees upon subscribing your mortgage?
Do you know that you were imposed an abusive clause whereby you must pay the integrity of notary, registration and stamp duty tax fees regarding your mortgage deed?
Over the last years Supreme Court had already ruled this clause was abusive and thus consumers were right to be refunded Notary and Registration fees.
Now, situation has recently done a radical u-turn in favor of the clients, since in October 16th, 2018, Suprem Court has surprisingly changed by three judgements his criteria and established that according to tax regulations legal tax debtor of the Stamp Duty - I.A.J.D tax must be the bank instead of the client.
Claim your money now. Getting Palomar Abogados legal assistance could suppose for you recovering an amount ranging between 3.000.-euros and 6.000.-euros depending on your mortgage guarantee figure.
Palomar Abogados attorneys at law, by developing their sound banking law expertise, verifiable in plenty of judgements published in our web site www.palomarabogados.es, will claim annulment of your abusive mortgage-fee clause and in turn will have the bank pay you back mortgage fees overpaid amounts.
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Frequent Questions
¿What fees are we talking about? ¿Which were those fees I was unduly charged?
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.
¿Why is this mortgage fee clause abusive? ¿Which law does say it?
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.
¿Am I really affected by an abusive clause with regard to mortgage fees? ¿Should I really claim?
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.
¿What am I to do and which paperwork I must gather with regard to the expense clause?
Palomar Abogados recommends you to check out whether you meet all requirements and you have the queried documentation, that is:
- I am a consumer, I have an abusive clause, and I have a simple copy of the mortgage deed.
- I have the invoice of the Notary and the Real Estate Registry, as well as the receipt of payment of the Stamp Duty Tax (socalled "Impuesto sobre Actos Jurídicos Documentados"), or else with an invoice of the "Gestoria" referring to such concepts.
You can obtain these documents addressing yourself to the Notary where you formalized the mortgage.
¿Can you process the claim anywhere in Spain?
Of course we can.
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.
¿How much do your fees amount?
We only charge fees if we win the lawsuit. And what is more, we have managed to design a legal service so that your fees will cost you "0".
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