The ruling of the Supreme Court known today that states that it is the bank and not the client who must pay the tax of documented legal acts (IAJD) will allow some 190,000 mortgaged claim the return of this fee, which will give the bank a disbursement of about 1,900 million euros.
So, from HelpMyCASH they explain that if the bank forced us to pay the notary fees, administration, registration and taxes (IAJD) of the expenses of constitution of the mortgage and they, for their part, did not assume any, we can ask for the return of these items. According to the financial comparator HelpMyCash.com, these can recover, on average, more than 3,000 euros.
If, on the other hand, they did assume some of these mortgage expenses, even if they were few, we will have a harder time recovering our money, since, technically, they are complying with the ruling of the Supreme Court, which did not specify who should carry each one.
The bank must pay the IAJD of the mortgage
The comparator calculates that, for an average mortgage loan of 150,000 euros, the mortgaged had to pay slightly more than 1,700 euros for an IAJD at 1%, about 860 euros for notarial fees, another 375 euros for registration fees and approximately 400 euros for the fees of the agency. Of course, we must bear in mind that the amount paid for the tax on documented legal acts may vary, Well, this tribute ranges between 0% and 1.5% according to the autonomous community in which the operation is formalized.
In total, therefore, those who had to take care of all the costs of setting up their mortgage could claim the return of an average of just over 3,300 euros to the bank. To perform calculations on a mortgage with other conditions you can use the calculator for the return of mortgage expenses of HelpMyCash.com.
As can be seen in the breakdown, the IAJD is the highest expense that had to be paid for the deed of a mortgage. That is why this failure is so important for consumers, since Until now the Supreme Court considered that it was the client and not the bank that had to face this tribute.
Mortgage expenses can be recovered judicially or extrajudicially
To claim the return of a part of the mortgage expenses you can use the customer service of the bank itself or directly to the courts. In the first case, if the request is denied by the entity or is not resolved within one month, the complaint may be submitted to the Bank of Spain, which will issue a non-binding resolution.
On the other hand, if you prefer to go to a court, the claim must be filed before a court specialized in abusive clauses (there is one for each province). To process the complaint you can hire the services of a law firm or a consumer association. Of course, we must say that these courts are now collapsed, so it may take many months to resolve the case.
In addition, it should be noted that the client may not recover all the constitution fees paid. For now, if the courts follow the new criteria dictated by the Supreme Court, the full refund of the IAJD will be ordered. However, the high court has not determined what to do with the costs of agency, notary or registration, so judges can force the bank to reimburse everything paid for these concepts, only half or even nothing.
Even so, the new sentence of the Supreme Court supposes a new judicial setback for the bank. The impact of this ruling on the accounts of the entities varies according to the sources consulted, but it is estimated that the figure could approach 20,000 million euros. Likewise, from ASUFIN estimate that there are about eight million mortgaged affected by the clause that obliged them to pay all the expenses of constitution, so that there could be a real avalanche of claims.
The ruling will also have a clear effect on the price of new mortgages, since if there is no new change of criteria, the banks will be forced to assume, from now on, the payment of the IAJD corresponding to the deed of the loan. It will be necessary to see if the entities decide to increase the cost of these products in order to charge this cost to the client, either for the interests part (a higher applied rate) or for the commissions and bonding requirements.
How can I claim the writing expenses of the mortgage?
Although it is a process that thousands of people have already followed, for some it is still a procedure that generates doubts. Next, we detail the steps to follow to recover the mortgage expenses:
Gather all your bills: If we want to know how much we can recover, the quickest thing is to see how much we pay for all these amounts, something we can check with the invoices they gave us when we signed. If we lack any, we can always ask the agency where we made the process.
Submit your claim to the bank's Customer Service: with the invoices in hand we must file a complaint with our entity asking them to reimburse us for the overpaid.
Elevate your complaint to the Bank of Spain: If our entity does not answer or we can not reach an agreement, the next step is to raise our complaint to the Bank of Spain that within four months must give us a response that, although not binding, if it is favorable will give us more arguments to go to court.
Complaint before specialized courtsThe last way to recover what is paid for mortgage writing expenses is to go to court. It should be remembered that these cases are dealt with in courts specialized in abusive clauses.
But how much money can I recover?
The amount we can recover will depend on the mortgage expenses we pay. In this sense, it should be noted that there are items that are not accurate for all mortgages. For example, the mortgage guarantee depends on the calculation made by each bank, while the IAJD depends on each autonomous community.