The year 2016 ended with a blow to the bank: the Court of Justice of the European Union declared abusive clauses in mortgage land. And while the Spanish government has not yet finalized the system to be followed by the entities to return money to customers, which could exceed 4,000 million euros, opened a new front: the Spanish justice said other abusive clauses mortgage. In particular, forcing the customer to pay the costs of notary and registration tax and stamp duty.
A ruling by the Supreme declared abusive clauses that made the customer pay all these expenses on the mortgage, and some courts in Pontevedra, Gijón and Granollers have already begun to apply the criterion of the high court.
A judge declared a zero Granollers these clauses in a mortgage granted by CatalunyaCaixa (now BBVA). The sentence is Brobia Judge Rosa María Varona, head of the court of first instance and instruction number 6 Granollers. The judge forced the company to return fully and retroactive clause of that land mortgage in 2010 had hired a neighbor of Vallès Oriental. To declare clause abusive land judge cited the judgment of the Court of the EU, which had met on the day of issue resolution.
But the judge also goes further and declares other abusive clauses, such as that imposed by the client to pay the costs of the loan. The argument was clear: the clauses negotiated the client, but that was already built the "unilaterally".
That judgment, in total, the current BBVA will have to return this woman 7,000 euros: 3,371 euros for costs and write 4,000 euros calculated that the entity would have acquired more land clause, set a minimum interest rate of 3.5%. The ruling retroactive and, therefore, it is estimated the return of money from the signing of the loan, on 9 June 2010.
The judgment makes it clear that these clauses in all -habituals hipoteques- should negotiate because, in addition, banks are interested in faith and notary public record and therefore, they should be position of at least a portion of these expenses. In the case of taxes, although the taxpayer transmission is mortgaged, in the case of stamp duty will be the taxpayer of the tax "or the buyer of the property right and, in his default, person requesting or requested notarial documents or who are interested in the issue ", ie, the same banks.
Given the situation created by this new legal doctrine, banks have begun to react. Five major state entities Santender CaixaBank, Bankia, Sabadell and Ibercaja already assume part of the costs so far paid customers, while BBVA and Popular, both affected by the first sentences, do not believe they have to return money to customers affected, according to El Pais reported yesterday.
The lawyer who filed the lawsuit Granollers Carles Pastor said the banks are changing now that these clauses. The lawyer also acknowledged that, in many cases for a particular client, may not go on to open up legal proceedings, since on average 1,500 euros can be recovered by these terms. In contrast, looks more feasible collective action impelled by a consumer association.