The Spanish banking panorama is being shaken in recent months by several judicial decisions regarding unfair terms. Beyond the battle of floor clauses, there are other aspects where banks are changing their strategy to avoid further conflicts in court. One of the specific points is that of mortgage costs following the judgment of the Supreme Court in December 2015. This ruling considered it abusive that all mortgage costs were borne by the mortgaged.
To avoid future claims in the new mortgages, the big bank is making a move to avoid all costs being borne by the customer. As a general advice, it had always been recommended to calculate that 10% of the value of the floor would go into extra management expenses. This bill would be reduced with the new measures substantially, but the most expensive part of this process that is related to taxes continues to pay the customer.
What can be claimed?
You can claim the clause that contains all mortgage costs on the consumer on the mortgages already signed. Enrique García, OCU spokesman, explains that consumers can claim in those old mortgages where a clause is included that indicates that all mortgage expenses are at the customer's expense, which are "practically all". In this sense, Garcia points out that the Supreme Court ruling of December 23, 2015 considers this clause null for abusive and that therefore, the interpretation of this must be if a clause is considered null and should be taken as not being included in the contract And therefore, the bank should return the entire money charged for this.
Are these included within the extrajudicial mechanism?
No. The extrajudicial mechanism established by the Government through the decree law only refers to the soil clauses.
How can you complain?
The first step advisable for the customer is to make a complaint for the customer service, explains the OCU. If the bank does not respond to this, the client will have to take legal action.
What is the amount of these clauses?
The OCU has set up a calculator to estimate what is charged extra for these expenses on each mortgage. The calculations made by the organization estimate that the average amount of the costs of formalizing mortgages charged in an "abusive" way by the banks is 3,380 euros.
Other sources in the sector estimate that for an average mortgage of 150,000 euros, the costs of management and notary could amount to about 1,500 euros. To which should be added taxes such as Documented Legal Acts that at the moment no bank is going to assume and represents the heaviest part of the invoice (between 0.5% and 1.5% of the value of the floor) .
This is the distribution of expenditures
The big bank has begun to change who pays the bill on mortgage costs. BBVA assumes the expenses of notary and the expenses of registration of the property of the mortgage (the necessary copies for its registry inscription). For its part, Caixabank now pays for the registration, the management fees for the processing and management of said registration and the copy of the deed. Santander on new mortgages pays the cost of copies and registration. Sabadell runs the expenses derived from property registration and management expenses.
Bankia notes that it follows the criteria of the College of Notaries, so it assumes 100% of registration fees, 50% of management fees and 25% of notary fees (thus the client pays the copy of the document that He remains and it is the bank that pays the remaining copies).
Why are banks doing?
The entities are making this change in the distribution of expenses to avoid new claims by the sentence of the Supreme Court. Thus, they share expenses with consumers but avoid paying the higher part of these.