The Seville Commercial Court No. 1 has issued two new rulings obliging CaixaBank and CajaSur to repay the undue payment due to the floor clause from the time the loan was signed for two mortgages taken out by clients represented by Bufete Salmerón, plus the corresponding interest.
In addition, both financial institutions are ordered to recalculate the amortisation of the mortgage loan from its constitution as if the clause declared null and void had never existed until the end of the loan, and to be responsible for the costs of the process.
With these two new rulings, the Seville Courts reinforce their commitment to apply full retroactivity to floor clauses, in accordance with article 1.303 of the Civil Code.
Bufete Salmerón, which has a team specialised in banking and property law, fights for the defence of consumers against floor clauses, mortgages referenced to IRPH, and any other banking abuse. In fact, it has been a pioneer in obtaining rulings that oblige banks and insurance companies to respond to consumers, such as, for example, the first ruling that obliged banks and financial institutions to return the amounts paid on account by off-plan buyers to whom the developer never delivered.