The Supreme Court has ruled that the notarial and administrative expenses derived from the constitution of a mortgage loan must split between the bank and the client. In addition, the entity will be responsible for the cost of registering the mortgage in the registry, while the client will assume the cancellation. This ruling will affect the new loans, but also opens the door for those who have previously been mortgaged to claim part of the expenses from their bank.. «This claim can be made without a deadline as long as it is demanded under the premise of abusive payment», explains Natalia López, of Maher Abogados.
In a mortgage of 150,000 euros signed in 2014 for a second-hand home with an opening commission of 0.5%, the client had to pay 2,875 euros on average, as explained by Maher Abogados. Of these, 1,350 euros would be for the Tax on Documented Legal Acts, 600 by the notary, 360 for the registry, 315 for the expenses of appraisal and 250 for those of agency. With the new ruling, the mortgaged could claim a total of 785 euros from the bank with which they signed the loan, of which 125 euros correspond to the management expenses, 360 euros to the registry and 300 euros to notary expenses.
The Association of Users of Banks, Savings Banks and Insurance (Adicae) recommends that consumers "do not forgive" the mortgage expenses, since the client has the right to recover, at least, the expenses of registration in the registry and half of those of notary and agency. Faced with the possible obstacles that entities can put to not accept these claims and take them to court, the Organization of Consumers and Users (OCU) has demanded that measures be developed for banks to comply, avoiding "the unnecessary expansion of the procedures ».