In 2015, the Supreme Court declared null and void the clauses that impose on the consumer to pay the costs of formalising the mortgage and its constitution. It is estimated that more than 6 million mortgage contracts include this clause and that it has cost consumers more than 450 million euros in just one year.

According to the ruling issued by the Supreme Court in 2015, the costs of formalising the mortgage and its constitution cannot be imposed on the consumer, nor can the payment of taxes that correspond to the bank.

Our advice to anyone who is subject to a mortgage loan, regardless of the date on which it was signed, is to review the contract with a lawyer specialised in the matter. It is becoming more and more common to find unpleasant surprises which, as a rule, always mean that the consumer is overpaying. Some examples are the well-known floor clauses or the IRPH.

Once you have reviewed the contract, if you find a clause that imposes on the consumer the costs of formalising the mortgage and its constitution, our advice is to ask the bank to refund the amount.

However, unfortunately, financial institutions are not very inclined to return the amounts paid and, consequently, the consumer has no other option but to make the claim himself with the help of his lawyer.

Further advice

Due to the magnitude of the commitment involved in taking out a mortgage loan, our firm advises that before signing the contract with the bank, you should consult a specialised lawyer who can analyse each of the clauses included in the contract.

In fact, in recent years, we have seen how the courts have ruled in favour of the consumer in practices that have been considered abusive on the part of financial institutions with regard to mortgages. Some examples in addition to the clauses that, like the one that imposes the mortgage formalisation costs on the consumer, are abusive have been products such as the multi-currency mortgage or the Banesto tranquillity mortgage.

At Bufete Salmerón we specialise in property law and banking law, and we have already obtained judgments of particular relevance in this area. Let us study your contract and, without any obligation, we will tell you if there are abusive clauses in it and how to start the claim. You can contact us on 954 536 038, at administracion@bufetesalmeron.com, or through the contacts tab on our website.