12 Jan 2017

The Supreme Court declared last December as abusive the clauses with which some banks, such as Popular and BBVA, imposed on their clients the payment of all expenses of formalization of mortgages, when those who should assume such expenses are banks At least a part, since the banking entities are those interested in registering the mortgage deed

Sentence 05/05/2015 of December 23 of the Supreme Court declared abusive the clause in which the BBVA imposes to the borrower the payment of all the expenses, taxes and commissions derived from the mortgage loan.

The way of proceeding if the contract contains a clause that attributes to the consumer all the expenses, commissions and taxes of the mortgage loan is as follows:

First, a complaint must be made to the Customer Service Department of the Bank or Entity with whom the mortgage loan was contracted or, if applicable, the new Entity that has merged or absorbed the person to whom the money was requested For the constitution of the mortgage).

After two months from the complaint, the Customer Service Department has replied or not and provided that the answer, if any, has been negative, it may proceed to file the corresponding legal action before the judicial party of the domicile of the borrower Or debtor or of the Bank's registered office, without distinction.

What is to be requested in the lawsuit brought before the Court, will be the nullity of the clause for abusive, and the restitution of expenses paid as a result of said agreement, which must be perfectly documented with their corresponding invoices. For the type of procedure to be filed, it will be necessary the intervention of Attorney and Attorney.

The expenses, taxes and commissions that can be claimed are:

1 Notary's Invoices and Property Registry. The Supreme Court says in its ruling that, "with regard to the formalization of notarial deeds and registration of the same (necessary for the constitution of the security right - that is, the mortgage), both the fee of notaries and the notary Of the registrars of the property, attribute the obligation of payment to the applicant of the service in question or to whose favor the right is registered. And who has the main interest in the documentation and inscription of the deed of mortgage loan is undoubtedly the lender, because thus obtains an executive title, constitutes the real guarantee, and acquires the possibility of special execution.

By not allowing a minimum reciprocity in the distribution of the expenses produced as a result of the notarial and registry intervention, making all the debtor pay, an imbalance is generated to the consumer, reason why the clause is abusive.

2 Tax of Documented Legal Acts. According to the Law that regulates the Tax on Patrimonial Transmissions and Documented Legal Acts: "the acquirer of the property or right and, failing that, the persons who request or request the notarial documents or those in whose interest Issue. "

The Supreme Court understands that in reference to the Tax on Documented Legal Acts, the taxpayer is the Bank or lender. That is to say, the obligor to the payment of this tax, as much as its fixed quota -like of the notarial paper-, like in its gradual quota, is precisely the Bank and not the borrower or debtor mortgages; So it is a tribute to include in the claim.

The deadlines for requesting the nullity of the clause and claiming the restitution of the amounts paid are:

The term for those mortgages still in force is four years from the day following the date of the Judgment of the Supreme Court, ie, that term will end on December 24, 2019; And for those that have been fully paid, the claim can be made, if your total payment

Wellcome to Mevilla Real State

Welcome on the web site of Mevilla Real State SL, your estate agent in Cabo Roig on the Costa Blanca, Spain. We are specialized in detached property in Orihuela Costa and Mallorca. On our site you will find a selected portfolio of detached houses in La Zenia and luxury villas Mallorca, or frontline property in Cabo Roig.

We offer the best property from Costa Blanca, Costa Calida to Mallorca. Especially sought after areas are Cabo Roig, LA Zenia, Playa Flamenca on Orihuela Costa, and of course real estate on the balearic islands with Mallorca.

With us you will be able to find the right property, wether it is a house in LA Zenia, apartment on Las Ramblas Golf or townhouse in Playa Flamenca in exclusive urbanisations on MAllorca or frontline villa Costa Blanca just 20 m from the sea, properties on the beach or villas on a golfcourse.

If it is your wish to purchase a property in Cabo Roig, real estate in La Zenia, Javea, or villas on Mallorca you are on the right site to get a first impression on prices and offers for properties on the coast or on golf developments between Costa Blanca, Costa Calida and Mallorca. Please just have a look.

We offer a good selection of reduced real estate due to the crisis in the best location wether it is a beachfront villa in Cabo Roig or golfcourse property in Mallorca or villas with seaviews in Altea and Javea.

With more than 10 years of experience in luxury real estate in Spain we have specialized with our selected team on detached villas in areas ranking from detached villas Cabo Roig and property sales in Campoamor on the Costa Blanca over Torrevieja, to property with seaviews in Altea to frontline villas Mallorca. If you are looking for panoramic seaviews from your villa in Spain, we are the right fully licensed estate agent in Spain for you.

Our service does not stop with the purchase. We are at your site with a dedicated after sales team to help you from new built or renovations to small jobs. As well we are here to answer all questions that might arise before and after the purchase on the legal situation or tax related issues when living in Spain, until you feel completly comfortable living in this beautiful country, Spain.

Mevilla Real Estate is a company with over 10 years of experience, member of API Nº 941 in Spain and dedicated to achieve happy and satisfied clients.

© 2019 Mevilla Real State SL · legal · Privacy · Web Map