The Supreme Court rules abusive the clause contained in the 97% of mortgages since 2008, which requires the client to assume the “Costs of granting the deed and preparatory acts and court costs” arising from obtaining the mortgage.
You will be able to be given back even more money with the claim of the notarial expenses that with the claim of floor clause, although both can be claimed equally and the return of the two excesses charged by the bank achieved.
How is the notary expenses claim made?
There are two ways for your claim. Firstly, we make a claim to the Customers Service or the Customers Ombudsman of the Bank, asking for the return of expenses. Then, if the answer is negative or nonexistent in two months, the next step is initiating legal proceedings.
The claim will always be individual and not collective due to the peculiarities of each case. In the lawsuit filed by the court, we will request the nullity of the clause that forces the customer to pay all the expenses that were derived from the mortgage request with the invoices of the different services that were necessary to sign the deed and the mortgage deed. If the client does not have these documents, duplicates can be requested.
From Neofin Asesores, we request the nullity of the clause of the notary expenses for its abusive character and we will ask for the restitution of the expenses paid by you and its interests.