The Provincial Court of Zaragoza has ruled a judgment which forces a bank to refund the mortgage constitution expenses that were imposed to the consumer in a exorbitant way, according to the Organización de Consumidores y Usuarios (OCU – Organization of Consumers and Users).
This new judgment applies the criteria of the Spanish Supreme Court which in December 2015 stated that the terms that impose all mortgage constitution expenses to the consumer are unfair, since it is understood that those expenses should be faced by the banks because are aimed at ensuring the recovery of the borrowed money.
This judgment of the Supreme Court was caused by a claim of the OCU against some unfair terms of banks, as the organization recalls, which considers that to this judgment “surely many more will follow”.
Furthermore, “it eases the path for those consumers that want to recover the overpaid money during the constitution of their mortgage”. The mortgage constitution expenses correspond to notary fees, the registry and the Legal Documents tax (impuesto de actos jurídicos documentados) which the banks excessively forced the consumers to pay in full.
In a mortgage of 150.000 euro, the expenses can amount to more than 3.000 euro, according to the calculations of the OCU, which on its website offers a calculator so that consumers can calculate the paid amount quickly.
This terms that impose on consumers the payment of the mortgage constitution expenses “are present in almost all mortgages”, says the organization, which regrets that “as with the ground clauses, the banks refuse to return ex officio the overcharged amounts and force consumers to go to court to get their money back”.