FACUA-Consumers in Action ensures that it is receiving an "avalanche" of inquiries about the tax on documented legal acts of the mortgage loans after the judgment of the Supreme Court in which it states that it is the banks and not the users that have to pay it.
Along with the multitude of queries that are formulating to FACUA in the social networks, numerous consumers of all Spain are going to the territorial offices of the organization and calling to his telephone 688 954 954 to know how they can demand the return of the tax of the mortgages .
FACUA recalls in a statement that the claim should be submitted to the regional government if the tax was paid no more than four years ago and to the bank if it was done previously, and affirms that the association will continue to struggle in the courts if the financial entities do not they return
In a sentence of October 16, the Third Chamber of the Supreme Court (Second Section) modifies its previous case law, recalls FACUA.
The judgment interprets the consolidated text of the law on property transfer tax and documented legal acts and its regulations, and concludes that the borrower is not the taxpayer of the latter tax in the notarial deeds of mortgage-backed loan (as that case law held ), but the entity that provides the corresponding amount.
FACUA asks the regional Haciendas to establish protocols for the automatic return of the amounts paid for these taxes to the users who paid them in the last four years.
On the other hand, the association urges the banks to act responsibly and proceed to reimburse these amounts to the mortgaged who paid them before 2014.
Almost 25,000 mortgaged have joined FACUA to advise and defend their rights against the various mortgage frauds that banks have incurred, mainly the land clause and the imposition of the payment of formalization expenses that correspond to financial institutions, such as appraisal , the agency and the tax of legal acts documented.
The association states that it has opened hundreds of legal proceedings on behalf of its partners in which it is claimed both the return of the amounts fraudulently charged by the ground clause and the expenses that corresponded to be paid to the banking entities, and not to the users, in relationship to the formalization of mortgages.