Very good news comes from Valladolid which, according to experts, will apply to all those people who have assumed undue expenses in the constitution of their mortgage. The resolution of the Provincial Court establishes a series of factors that make it easier for any citizen in this situation to request compensation regardless of the year in which you signed the mortgage.
Until January 2024
This is what has been determined in the sentence issued by the Provincial Court of Valladolid. Exactly, the term to make the request for undue expenses will not end until January 23, 2024. To reach this conclusion, the Supreme Court ruling published on January 23, 2019 has been taken as a reference, an effect that is still in force. In that sentence, the way in which the mortgage establishment expenses had to be paid was specified and, as the most important detail, it was confirmed that the consumer was not responsible for paying them.
What all consumers can claim will be the following:
The cost of appraisal, management and registration of the mortgage with the entire 100% The invoice corresponding to the notary with a value of 50% of the final cost
Although these are not the only abusive clauses that mortgages have, since commissions for non-payment are also in the spotlight, they are the ones that it is possible to claim until the beginning of next year 2024. For this, the most recommended is go to a professional and manage the claim as soon as possible providing all the documentation and receipts of the corresponding payments.
A very important judgment
What has managed to provide this great news for all citizens that they have a mortgage and have had to face these undue expenses at the time, is a complaint filed by a client of the BBVA bank. She claimed from the bank the return of the expenses that she considered abusive from a mortgage contract that had been formalized in 2004.
Initially, the court of first instance number 4 of the city had already agreed with the client and now it has been the Provincial Court that has corroborated it. The authorities have determined that the terms of the contract were unfair and that, therefore, the bank had to reimburse the relevant expenses. On the one hand, all the registration costs and, on the other, 50% of the notary fee. The amount to be returned in this case has been set at a total of 764.93 euros to which legal interest must be added with an increase of two points. Therefore, it can be seen with this example that the total amount to be recovered is not exactly small, which very possibly will cause many people to follow in the footsteps of this BBVA client.
Another of the key points that have been obtained in the resolution is the annulment of the corresponding clauses interest on late payment and debtor claims as we mentioned before. This will be another important factor, since they will have to be eliminated from the original mortgage contract. Although the bank tried to appeal the sentence, it is finally good news to know that the Provincial Court agreed with the client. That opens a door so that, as we indicated, you can also make a claim for the undue expenses that they charged you when constituting the mortgage after buying your house.
But keep in mind that, on January 23, 2024, the five-year term will end since the Supreme Court ruling was issued, so you cannot miss that date. The precedent, however, surely helps to prevent future mortgages from ending up generating undue expenses for users.
Via: Economist & Jurist
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