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Everything you need to know to claim mortgage expenses after the latest Supreme Court ruling

Everything you need to know to claim mortgage expenses after the latest Supreme Court ruling

Jeickson Sulbaran

June 19, 2024 | 10:30 a.m.

The new deadline to claim mortgage expenses according to the Supreme Court ruling of June 14

Since last June 14, a new ruling from the Supreme Court modifies the deadlines for consumers to claim mortgage expenses paid unduly. According to this decision, Users will have five years to request reimbursement of these expenses from the moment a judge declares the mortgage clause abusive. that imposed them. This modification applies regardless of the age of the mortgage, whether it is amortized or canceled.

Documentation necessary to claim mortgage expenses

The first step to claim is to verify that a clause was included in the mortgage that obliged the client to assume all the expenses related to it, such as management, notary, appraisal and property registration. It is essential to collect all invoices that prove these expenses were paid. Then, a claim must be filed with the bank's customer service, providing all the relevant data and documentation. This claim can be sent physically, by burofax or certified mail, making sure to obtain a stamped copy.

Everything you need to know to claim mortgage expenses after the latest Supreme Court ruling

If the bank does not respond favorably within two months, the next step is to file a claim with the Bank of Spain, using the form available on its website. If the bank still does not reimburse the expenses, despite a favorable resolution from the Bank of Spain, the last resort is to go to court. According to the Association of Financial Users (Asufin), this ruling allows users to claim mortgage expenses, even for mortgages already amortized, which considerably expands the scope of claims.

Amounts to be recovered and final considerations

The average amounts to be recovered for these expenses range between 1.500 and 3.000 euros, according to Asufin data. It is crucial that consumers who made extrajudicial claims do not rest on their laurels. If the bank denied the refund, they must initiate legal action within five years following recognition of the abusiveness of the clause.

The Supreme Court ruling has opened a new door for consumers to recover what they paid unfairly. This legislative change is an important step towards protecting the rights of financial users. It is essential to act diligently and follow all recommended steps to ensure reimbursement of mortgage expenses.

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