Our firm has achieved a new success in mortgage law. We have secured an agreement with CajaSur for one of our clients to recover the mortgage arrangement fees paid without going to trial.
In the agreement, which has been approved by a court order, our firm demanded the nullity of different abusive clauses introduced in the same mortgage loan: floor clause, moratorium interest, early maturity of the mortgage and mortgage arrangement fees.
The achievement of this agreement, whereby CajaSur accepts the nullity of the mortgage arrangement fees clause without going to court, is a legal milestone that opens the door for thousands of people affected by this clause to recover the money they have unduly paid without the need to file a lawsuit. Proof of this has been the enormous reception the news has received in the media.
The introduction of clauses in mortgage loans that have subsequently been declared null and void by the courts has been a widespread practice among financial institutions in recent years.
However, despite the numerous rulings in favour of consumers and the very high number of people affected, financial institutions, far from moving forward to return what has been unduly charged to their customers, wait until they are claims are made.
For this reason, Bufete Salmerón recommends those who have or have had a mortgage loan in the last 4 years to go to a specialised lawyer to review their contract and thus be able to claim in case of abusive clauses.