In recent years, thousands of consumers in Spain have filed claims to recover expenses associated with taking out a mortgage. Court decisions and changes in legislation have clarified which costs should actually be borne by the bank and which by the client. To better understand who can claim, which expenses can be recovered, and the process involved, we spoke with a banking law expert.
In recent years, there has been a lot of discussion about mortgage expense refunds. Why is this such a relevant issue for consumers?
Because it is one of the most common claims against banks. For a long time, many financial institutions passed nearly all costs associated with formalizing a mortgage onto the client. However, various court rulings have established that some of these costs should have been borne by the bank, opening the door for many consumers to reclaim overpaid money.
What exactly counts as mortgage expenses?
These are the costs required to formalize the mortgage loan. They include property appraisal, management agency fees, Property Registry costs, notary fees, and the tax on documented legal acts (AJD). Depending on when the mortgage was signed, the allocation of these expenses between the bank and the client may vary.
What about mortgages signed before 2019?
Before June 16, 2019, there were no clear rules about how these expenses should be allocated. Over time, the case law of the Supreme Court and the European Court of Justice established criteria. According to these rulings, the bank must cover the costs of the Property Registry, management agency, and appraisal, as well as half of the notary fees. The client must pay the other half of the notary fees and the tax on documented legal acts.
And mortgages signed after that date?
From June 16, 2019, the Real Estate Credit Contracts Law came into effect, clearly specifying the allocation of expenses. In this case, the bank covers the costs of registration, management services, notary fees, and the AJD tax. The consumer only pays for the appraisal and copies of the deed they request. In many cases, the bank even voluntarily covers the appraisal.
Who can claim mortgage expenses?
Primarily those who signed their mortgage before the 2019 law came into effect and paid all expenses due to a contractual clause. If this clause required the client to pay them exclusively, it may be considered abusive. In this case, the consumer could claim the reimbursement of amounts that should have been covered by the bank, such as registration, management fees, appraisal, and part of the notary fees.
What steps should someone take to claim?
First, gather the documentation. The mortgage deed usually details the expense allocation, and invoices for each service—such as notary, management, registration, or appraisal—should be kept. An ID (DNI) is also required.
Next, submit a formal claim to the bank requesting a refund. If the bank does not respond within about two months or rejects the request, the next step is to take legal action with the help of a lawyer to challenge the clause.
Is there a time limit to claim?
The issue of deadlines has generated considerable debate. In June 2024, the European Court of Justice ruled that the statute of limitations begins when the consumer clearly knows that the clause is abusive. Therefore, in many cases, there is still an opportunity to claim, especially when there is no final judgment on that specific clause.
Which banks are refunding these expenses?
In practice, any bank may be obliged to refund if it is proven that payment was made under an abusive clause. Banks such as Caixabank, Ibercaja, Bankinter, BBVA, and Banco Santander have already refunded customers, either through out-of-court settlements or after court rulings.
Approximately how much money is involved?
There is no fixed amount because it depends on the mortgage size and the specific expenses paid. However, many cases range from €1,500 to €3,500. Legal interest can add another €300–600. If the case goes to court and the bank loses, it is common for the bank to be ordered to pay court costs, so the consumer does not bear these expenses.
Claiming mortgage expenses has become a real way for many consumers to recover part of the money paid when signing their loan. While each case depends on the contract conditions and signing date, current legislation and court decisions have strengthened consumer protection. Reviewing mortgage documentation and, in case of doubt, consulting a professional can be the first step toward recovering a significant sum.
Source: Idealista/news – “Cómo reclamar los gastos de la hipoteca: todo lo que necesitas saber”
