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Return of amounts of land clauses and claim of mortgage expenses (12/01/2017)

Consumers affected by the ground clause should wait for the Spanish Government to clarify its position before this ruling and to report correctly how the actions will be carried out by the bank to proceed with the return of the amounts overcharged.

Given the lack of information from the state administration to consumer offices, the OMIC de Alhama recommends a prudent wait until the Government finally legislates or clarifies the procedure to claim the amounts overcharged in mortgage loans.

In the meantime, there is the possibility of reaching out-of-court settlements without costs and the amount is returned in agreement between the parties, the bank and the client, and can be made in cash or with reduction of the mortgage debt.

The Judgment of the Court of Justice of the European Union of last December 21 modified the criteria established by the Supreme Court in its day regarding the retroactive effects of the incorporation of land clauses in mortgage loans.

CLAIM MORTGAGE EXPENSES

With respect to the claim of the amount of the expenses of constitution of mortgage, which according to judgment of the Supreme Court, have also been improperly charged by the bank, these expenses had to have been passed on to the lender and not to the borrower.

From the OMIC can only be reclaimed to the customer service department of the banks, without that implies that they accept the return of the sums claimed.

Possibly the legal route has to be used, since there is no jurisprudence, only doctrine or precedent with Supreme Court Decision 705/2015 of December 23, 2015.

For clarification or more information can be passed by the OMIC.

Schedule Municipal Office of Consumer Care:

- Monday, Tuesday, Thursday and Friday: from 10 a.m. to 1:30 p.m.

- Wednesday afternoon: from 16.30 to 19.30

Telephone for inquiries: 968 630 000 - Ext. 5501

Email: omic@alhamademurcia.es

Source: Ayuntamiento de Alhama de Murcia

Notice
UNE-EN ISO 9001:2000 - ER-0131/2006 Región de Murcia
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