Verdicts & victories (II): Nieto Jones gets BBVA to pay a consumer the expenses relating to their mortgage
The San Cristóbal de la Laguna First Instance Court number 1 issued a resolution this week condemning BBVA, S.A financial institution to reimburse a consumer for the mortgage expenses that they were forced to pay on December 1, 2005.
At first, the bank refused to reimburse the consumer, forcing the client to file a lawsuit. Once the claim was filed, BBVA changed its position and admitted its obligation to return the unjustified and abusive charges.
According to the Supreme Court, the bank must bear at least 50% of notary fees, 100% of property registry fees, 100% of management fees and 100% of appraisal fees, in addition to the corresponding legal interests counted from the date of payment of each of the invoices.
The resolution also declares the nullity of the early maturity clause and the default interest clause.
The early maturity clause is abusive as it allows the bank to declare the loan as overdue and demanding the client repay the entire loan in the event that they fail to comply with any of their payment obligations in relation to both principal and/or interest on the loan.
Lastly, there was also a clause which established a late payment interest of 19%, which is clearly abusive. A late payment interest just two points above the agreed remunerative interest is considered abusive for mortgage loan contracts signed with consumers.
You can read the full resolution in Spanish here.
Recover your mortgage expenses!
The majority of the mortgages signed before 2015 include abusive clauses that the banks improperly imposed on their clients. Consumers have the right to recover these expenses. There are also some mortgages signed subsequently, which still include them and can also be claimed.
If you would like us to review your case without any obligation and recover the expenses paid, call us or send a WhatsApp to +34 610632963 or write to us at contact@nietojones.com.