Two new European Court Decissions on Abusive Clauses in Spanish Mortgages

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17 Jul 2020 9:17 AM by mariadecastro Star rating in Algeciras (Cadiz). 9380 posts Send private message

Legal Questions? Speak to Maria Direct

Two recent European Court decissions might give you a rest in regards to mortgage repayments:

1) First one, dated 2020, July 9th declared  that those settlements between bank and consumer where the bank reduced the interest rate for the future and therefore, monthly mortgage repayment amount was lowereed too, BUT included a renounce on claiming past excessive interests can be considered null and void due to lack of transparency. 

So, if you signed one of those settlements in the past and waived claims against already paid undue excessive interests, you cas now analyze the agreement and claim. We can help you to determine if, according to the criteria established by the European Court Decission, the agreement was or was not transparent.

2) Second one, dated 2020, July 16th has declared that all expenses related to mortagge set  up needs to be paid by the Bank, with the exception of the Stamp Duty Tax which needs to be paid by the consumer. This same decission also states that Costs on Abusive clauses cases always need to be charged on the Bank and that the 5 years time barring deadaline is initially valid, unless cirunstances of the case show it was a too short deadline.

We will be pleased to do a full free analysis of your mortgage deeds on abusive clauses if you need. You can email us to here

It is also a good moment for those on negative equity to try to reach a settlement of sale-back of the proeprty to the Bank. We can also tell you if you meet the requirements for that


Maria L. de Castro, JD, MA



El blog de Maria

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