Notary Fees and Mortgage Set Up Claims

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The Clausula Suelo is well underway and after various rulings, denials, appeals, European interjection and the Spanish Government’s involvement, Banks are starting, slowly it must be said, to address the situation and refund money to their clients. It still by no means is a done deal when you find a Clausula Suelo in your mortgage agreement but it’s a lot closer to being able to resolve the situation than ever before.

During the whole Clausula Suelo debacle, another questionable banking practice came to light and was actually ruled against by the Spanish High Court in December 2015 but, like the Clausula Suelo, has taken time and effort to get claims moving.

The subject of this new claim is the setup costs of taking out a mortgage. While the client is liable for all costs regarding the purchase of a property “Compraventa”, the ruling states that the banks should be liable for the costs in relation to the mortgaging of the property “Prestamo Hipotecario”.

What this means to the average client is the taxes on the mortgage (1.5% of the value of the property), the Notary fees relating to the mortgage and the registration of the mortgage can be claimed back by the client.

An example here is a client taking out a € 80,000 mortgage on a property valued at € 128,400 would be looking at a claim value of about € 3,300, a nice amount of money for clients who have struggled to pay inflated mortgage instalments. This is a low-level estimation, this amount can go up with the price of the house.

However, this new claim is not limited to clients who have suffered through the Clausula Suelo issue. This claim affects anyone who has taken out a mortgage by and large. If you are currently paying a mortgage, you could well be entitled to claim back these charges.

In order to do so however, the official invoices from the Notary are a must, as well as the receipt of payment of the taxes on the mortgage (Modelo 600). NO claim can be handled without the documented proof of payment and the client needs to present this in order to proceed.

Here at Pennick Blackwell we can handle your claim, assist you in getting copies of the invoices if you do not have them and calculate what you may be entitled to. An email in exchange for € 3,000? Contact us today to get the information and let us help you reclaim what you should not have paid.

Prepare with Pennick Blackwell and minimise the risks to your money (and health!)

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