Abusive clauses are those stipulations not negotiated individually and those practices not expressly consented to, contrary to the requirements of good faith. Creating harm to the consumer and user. An imbalance of the rights and obligations of the parties is produced, as stated in article 82 of the Revised Text of the General Law for the Defense of Consumers and Users and other complementary laws.
Likewise, article 89 of the Revised Text of the General Law for the Protection of Consumers and Users indicates that those clauses that make the consumer bear the costs derived from the spam database preparation of the qualification that by its nature corresponds to the entrepreneur are also abusive. Also those that impose the payment of taxes in which the passive subject is the entrepreneur.
Mandatory rules are violated and the declaration of nullity is fully in accordance with the law.
What expenses can I claim?
Mortgage expenses are:
Those derived from the payment of notary fees.
The administrative costs, provided they are imposed by the bank.
Property Registry Fees.
The taxes and appraisal that were paid at the time of signing the mortgage. Regarding the Stamp Duty (AJD), there are different criteria regarding its refund.
These costs vary depending on the Autonomous Community, the type of bank and the year of incorporation. However, the approximate cost of the mortgage will be around 3,000 euros.
If the mortgage has already been cancelled, can it be claimed?
Yes, anyone who has had or has a mortgage loan can claim these expenses.
Most rulings on the refund of mortgage expenses are in favour of the consumer. There is a high viability in this type of claim. But one must act with caution since no lawsuit is absolutely viable.
As we have indicated above, there is a difference of opinion regarding the Tax on Legal Documents, since there is no unanimity in the interpretation of the Law between the Administrative Chamber and the Civil Chamber. Furthermore, it is not clear that it can be the subject of a claim, since the taxpayer of the constitution of the mortgage is the holder of the mortgage loan.
Steps to claim the refund of mortgage expenses
First of all, you should try the extrajudicial route (although it is not obligatory). It is usually the quickest way to recover the money, but the reality is that most banks do not usually agree to the return of these amounts. You almost always end up resorting to the judicial route.