Banking Claims

For some time we have been referring to the constant successes that we have been achieving in the field of bank claims derived from mortgages.

In this law firm and as a result of the judgments that were occurring we are claiming for our English clients various claims that we now summarize and from which we are getting important resolutions with bank sentences which in most cases involve the return of great amounts of money to our clients.

Many times we can claim the three cases or maybe two of them, but we can always claim the return of the mortgage expenses. Normally, the deeds contain either cláusula suelo and mortgage expenses or IRPH and mortgage expenses, although we insist that many timed we can find the three of them, so the reasons for claiming are perfectly justified.

In any loan that has two or three years, the minimum claim may reach around 6000 or 7000 euros and the more years the mortgage has the more this amount rises, and we can affirm this thanks to our experience.

Cláusula Suelo. – In your mortgage loan deed you almost certainly have a clause where it is stated that whatever the interest rate variation is, it cannot fall of a particular rate, either 5%, 6% and so on.

What it is illegal is that you cannot take the new interest rate which it is established at each time by the market, specifically the Euribor.

Banks have obtained great benefits from this clause as it has allowed them to continue to apply very high interest rates despite the fact that market interests were much lower.

Courts are declaring those clauses illegal and they are sentencing banks to annul the clause and return all the money which was overcharged and they will avoid that that minimum is applied to the rest of the mortgage.

Mortgage expenses refund. – The Courts and Tribunals are demanding the money that the banks have charged when making the mortgage, such as Notary, Administrator, Registry, Taxes and so on. Check what you have paid for that concept and you can ask for a refund.

IRPH. – In many mortgage deeds it is established that the interest rate to be applied will be a reference called IRPH, which comes to be the regular interest mortgage loan obtained from an average of banks.

Well there are several Provincial Hearings of Spain, such as Madrid, Álava, Vizcaya, etcetera, who have established the illegality of this clause, understanding that the clause leaves them in a situation of maximum imbalance when, at the time of the facts, the entities were already aware that it was “more convenient” to adjust the loans to the Euribor “no matter how small the difference is”.


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