The mortgaged return to sign up somewhat in the soap opera of mortgages. The Government has announced that on Thursday it will approve a decree law so that it is the banks that finally pay the tax of legal acts documented, against Supreme Court ruling Tuesday which established that customers had to pay for it. In less than 24 hours, the consumer associations have gone from regretting the decision of the high court to applaud the announcement of the Executive, although they complain that the decision limits the possibility of claiming the amounts paid in the past. On the other hand, they value in a positive way the proposal to create a independent authority for the protection of financial customers that defends savers from abuses in the sector.
The experts consider that the Government's announcement will lead to an increase in mortgages since the bank will transfer the price of the tax to the loan. "We will be very attentive to what happens, because the competition has to be maintained: the bank can not raise the rates in an agreed manner," says Izverniceanu of the OCU.
Ruben Sanchez, spokesperson for Facua, positively assesses the government's decision, but admits to be worried about how the regulatory change will take place. Therefore, calls for an "absolute shield" of the legislation to prevent the bank can knock it down. "There should not be any loophole left," he explains. At the same time, the organization has called on consumers throughout Spain to mobilize before the doors of the courts next Saturday to protest against the sentence of the Supreme Court, which on Tuesday he described as "aberrant". On Tuesday, Sanchez requested the resignation of both the president of the institution, Carlos Lesmes, and the president of the Chamber of Contentious Administrative, Luis Díez-Picazo, who three weeks ago left in the air the sentence of the presiding room that established what the bank would pay the AJD tax and moved the decision on the matter to the plenary.
Also the Organization of Consumers and Users (OCU) has valued positively the Government's decision. But at the same time he has expressed his doubts, in particular because of the limitation that it supposes in order to claim the expenses paid in the past by the mortgaged one. "We remain confident that the issue will reach Luxembourg [al Tribunal de Justicia de la Unión Europea]", said Ileana Izverniceanu, spokesperson for the association, which at the same time described as" very necessary "the creation of an independent authority to protect financial customers, a claim that the association had for some time." But we want to know the details ", has qualified.
The OCU reminds that it is necessary to address urgent and radical changes in the banking claim system managed by the Bank of Spain, which is not binding and to which the entities of the sector usually ignore. The association had already asked to eliminate the root problem with the elimination of the AJD, a proposal that also supports the association of financial users Asufin. "From ASUFIN we defend the total suppression of the tax as it happens in the Basque Country, where it is not paid when it comes to the habitual residence", said this Wednesday the president of the organization, Patricia Suárez, who has encouraged consumers to continue claiming to recover the money from clauses declared abusive: "The expulsion of a clause of the contract entails the total refund of the amounts and the courts can not modulate the effects of the nullity".
Most expensive mortgages
1,100 million euros. According to the Technicians of the Ministry of Finance (Gestha), this is the money that will be saved every year 458,000 new mortgaged, at an average of 2,500 euros of AJD tax for mortgage. Sanchez, of Facua, remembers that this tax, collected by the Autonomous Treasury, varies according to the community (between 0.5% and 1.5% of mortgage liability). "For an average mortgage the amount of the tax ranges between 600 and 1,900 euros, little for the life of the loan," he explains.