Can a settlement be reached to recover mortgage opening fees?

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The introduction of the mortgage constitution and formalisation clauses that have been declared null and void by the Supreme Court entails the undue payment of between 1,000 and 3,000 euros per consumer. It is estimated that more than 6 million mortgage loan contracts could be affected, but as this is a smaller amount, many are wondering whether it is possible to reach an agreement to recover the mortgage arrangement costs.

The answer is undoubtedly yes. In fact, our firm has already reached an agreement with CajaSur to recover the mortgage arrangement costs without the need for a trial. In this agreement, among other things, the financial entity assumes the nullity of this clause as well as the refund of the amount unduly paid by our client.

If you have a mortgage loan, check with a specialised lawyer if it contains a clause of constitution and mortgage formalisation costs that is null and void. Remember that not all of them have to be and that not all the costs have to be assumed by the financial entity.

If you get a positive answer, you will want to know how you can claim. In this regard, it is worth remembering that banks and financial institutions will not anticipate giving you your money back just like that, but usually wait for the consumer to claim the return of these costs either out of court or judicially. As always, our advice is to try to reach an agreement with the entity.


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