Are many mortgaged in this country that, without knowing it, have been victims of abusive practices by banks. Luckily, all those affected have time to check if the conditions of their mortgage include any of these bad practices, and to act accordingly.
Already there have been many demands which have been favorable in the courts, forcing banking entities to make refunds of 6,000, 9,000 and up to 30,000 euros for their clients.
In the event that an affected mortgage has already been paid off, any excess amounts that have been paid may also be claimed. To do this, it is recommended to consult a lawyer specialized in this issue and to gather all the documentation related to the signing of the mortgage, the payments and its cancellation.
What are the clauses that can be claimed?
Depending on the entity and the year in which the mortgage was signed, users could be affected by one or more of these clauses.
Floor clause
This clause was included in the mortgages for limit the minimum interest rate that a client could pay. If rates were lowered below the stipulated limit, customers would not be able to benefit. Depending on how long the mortgage was active, those affected could recover figures close to 10,000 euros.
Life insurance
Law 5/2019 of March 15, better known as the mortgage law, establishes that Banks cannot force their clients to take out life insurance along with the mortgage. Some mortgage holders have already claimed and up to 30,000 euros have been recovered in some cases.
Opening commissions
The CJEU has also determined that the origination commissions associated with mortgages can be considered illegaldepending on the case. Those affected may request a refund, receiving amounts of several thousand euros.
Mortgage expenses
The Supreme Court, supported by a ruling from the CJEU, ruled that banks They cannot force clients who want to take out a mortgage to assume all the costs of the signature. Those affected, in most cases, can claim these amounts, which are usually around 10% of the value of the home.
The IRPH has abusive interests
The Mortgage Loan Reference Index is declared abusive practice by the Court of Justice of the European Union, due to a clear lack of transparency. Mortgaged persons whose financing is subject to this index may claim the interest that has already been paid.