Mortgage Expenses

Claiming Mortgage Expenses

At Cabrera Abogados we have extensive experience in the banking sector, backed by the large number of procedures processed and resolved satisfactorily for the client, our experience guarantees the success of your claim, contact us.
At the present time and after the jurisprudential fluctuations, the expenses related to the Notary, Property, Registry, Management and Appraisal can be claimed. The return of amounts originating from the Property Transfer Tax and Documented Legal Acts still can not be claimed.

The Supreme Court Judgment of December 23, 2015 allows claiming Mortgage Expenses from the bank for the constitution, novation or modification of mortgage loan.

Who can claim?

Any individual who has constituted, novated or modified their mortgage loan can claim from the financial institution taking into account deadlines.

What mortgage expenses can be claimed?

– Notary’s fees
– The valuation expenses
– Expenses coming from the register
– Agency fees, the bank is responsible
– Opening commission. If the bank cannot justify the charging of this fee, which is unlikely, the bank must refund what you paid in unduly charged fees.

Can I get the return of the mortgage expenses even if it is canceled or novated?

You can claime them even if your mortgage is into force, cancelled or sold.

Similarly, we will claim the expenses in cases where there have been novations on the initial mortgage loan, such as a capital increase.

What should I do if i have divorced and the loan includes both?

It may happen that clients come to our office who want to make a claim for mortgage expenses but have a loan deed in which they are the borrowers together with their ex-partner. In these situations, first thing we must do is make sure that the other party has not decided to claim these expenses.

Once we know:

  • The other party will not sue on the same issue.
  • In the event that the other party is also going to claim these expenses, the ideal would be to jointly carry the claim so the bank entity can not make us wait.

We are your lawyers in Mortgage Expenses Claims

Cabrera Abogados are your mortgage lawyers, we put at your disposal all our staff specialised in banking law, we will provide you with all the information you need and we will carry out a study of your mortgage completely free of charge and without obligation, please contact us.

Mortgage Expenses Judgements

Here you can see some of the judgements won:

Judgement 1715/2021


Judgement 581/21


claiming mortgage expenses

Judgement 2247/20


Judgement 1.876/21


Judgement 631/21


Judgement 938


Do you want us to help you with your mortgage expenses complaints?


Avda. del Gran Capitán, 17 1º


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