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Crédito Hipotecario

A new ruling obliges the bank to repay the costs of formalizing mortgages

03 ene. 2017

The Provincial Court of Zaragoza has issued a ruling that requires a financial institution to repay the costs of formalizing the mortgage, which were abusively imposed on the consumer. This new judgment applies the criteria of the Supreme Court that in December of 2015 declared as abusive those clauses that impose to the consumer all the expenses of formalization of mortgages, when in fact they should be assumed by the financial entities since these expenses are directed to ensure the recovery of the borrowed money. This ruling of the Supreme Court came following a claim by OCU against several unfair terms of financial institutions. 

This new sentence, which is sure to follow many more, paves the way for all those consumers who want to recover the money overpaid in the formalization of their mortgage credit. The expenses of formalization of mortgages correspond to the expenses of notary, registry and Tax of Documented Legal Acts that abusively the banks force to pay in full to the consumers. In a type mortgage of 150,000 the expenses can amount to more than 3,000 euros. OCU on its website has made available to consumers a calculator so that they can quickly calculate the amount paid abusively in the formalization of their mortgage. 

These unfair terms that impose on the consumer aa the expenses of formalization, are present in almost all mortgages. Unfortunately, as with the floor clause, banks refuse to return ex officio amounts overcharged and force consumers to go to court to get their money back. OCU has launched a campaign to help all consumers who want to claim the costs of formalizing mortgages. Through the telephone:

900 902 494 all interested users can receive information on the procedure to recover the amounts charged abusively by the banks.