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Banking law governs credit operations and complex financial products. As banking lawyers, our role is to audit every mortgage loan or standard-form contract to identify a lack of clear information and abusive impositions.
Our services range from analysis of the required documentation to representation before the courts. We have a team of lawyers registered with the Bar Association of Málaga with expertise in both civil law and commercial law as applied to the financial sector.
Abusive clauses in mortgage loans have affected thousands of residents in Málaga. The floor clause (cláusula suelo) prevents the borrower from benefiting from falls in the interest rate, while the imposition of all formation costs on the consumer has been declared void by the Supreme Court and the European Union.
Our specialist lawyer initiates the claim for amounts wrongfully charged for notary fees, land registry fees, agency fees, and property valuation costs. The goal is not merely to remove the clause, but to obtain retroactive nullity so that the bank repays every last cent with the corresponding statutory interest.
Revolving credit cards and micro-loans are characterised by interest rates that far exceed the normal cost of money, constituting financial usury and a lack of transparency. Many clients find themselves trapped in a cycle of perpetual debt.
Our firm’s track record demonstrates that it is possible to have these contracts annulled through the courts, recovering everything paid above the principal borrowed and restoring your credit history.
If you are facing legal proceedings for missed mortgage payments, a swift response is critical. There are legal mechanisms available to challenge and halt the enforcement procedure if we can demonstrate the presence of abusive clauses — including the acceleration clause (cláusula de vencimiento anticipado) — in your mortgage deed.
We advise on halting auctions, negotiating a deed in lieu of foreclosure (dación en pago), or restructuring the loan. Our lawyers act with the resolve needed to protect your primary residence in Málaga.
Beyond floor clauses, financial institutions have been charging fees for years that courts are now declaring illegal. The opening fee, the early repayment fee and the default position recovery fee are the three most common charges found in Málaga mortgages.
The Real Estate Credit Act of 2019 set strict limits, but many earlier contracts apply rates above what is permitted. We audit your mortgage deed to identify all illegal charges and demand full repayment from the bank, including statutory interest.
Being listed on a credit blacklist such as ASNEF, BADEXCUG or RAI can block your access to credit and seriously damage your financial reputation. Many listings are made without meeting the legal requirements: the debt must be certain, due, enforceable and undisputed.
If the listing is wrongful, your right to honour has been violated and you are entitled to immediate removal of your data and financial compensation. We act on two fronts simultaneously: urgent removal and a claim for protection of your right to honour.
Many savers were misled into taking out high-risk products, such as preference shares or subordinated bonds, without being made aware of the risks of illiquidity. These products have been the subject of numerous favourable rulings on the grounds of defective consent.
If you need to recover your savings, our legal team analyses your investor profile and the information provided by the institution to bring a claim for rescission of the contract.
The IRPH index and multi-currency mortgages have caused serious financial harm due to their opaque commercialisation. The Court of Justice of the European Union (CJEU) has set strict criteria on how customers must be informed about the financial burden of these loans.
We evaluate your case to seek the annulment of this abusive index, replacing it with Euribor and compelling the bank to refund all overpayments.
When a consumer falls behind on payments, the bank applies default interest that frequently exceeds the legal limits. Article 114 of the Mortgage Act caps the rate at three times the statutory interest rate for mortgage loans. Any rate above this is automatically abusive, and the consequence is the complete removal of the clause — not a reduction — with full repayment of all amounts charged.
Furthermore, many institutions use the 365/360 calculation method: they divide the interest rate by 360 days (the commercial year) but apply it over the actual 365 days. This discrepancy generates a cumulative overcharge that can be significant in long-term mortgages. The courts of Málaga and the Provincial Court of Appeal have consistently declared this formula null and void for lack of transparency.
Banks have made common practice of selling portfolios of mortgage loans to investment funds — commonly known as vulture funds — through securitisation or credit assignment transactions. If the assignee cannot properly evidence the chain of ownership of the credit, it is possible to oppose the mortgage foreclosure on the grounds of lack of standing, which may result in the proceedings being dismissed.
If you have received a communication informing you that your mortgage has been assigned to a third party, or if the foreclosure claim is filed by an entity other than your original bank, contact our team to assess whether there are grounds to oppose the proceedings and protect your home.
To achieve the best outcome against major financial institutions, our firm follows a rigorous and technically sound roadmap:
Contract audit
Technical, financial and expert review of the mortgage or product to identify the presence of banking abuses.
Out-of-court claim
Submission of a formal, substantiated demand to the bank’s Customer Service Department requesting repayment.
Judicial proceedings
If the bank refuses the claim, we file a civil action for annulment before the specialist courts in Málaga.
Enforcement of judgment
We ensure effective recovery of the amounts awarded and the removal from the land registry of any abusive charges.
The 365/360 method is a practice whereby the bank calculates interest by dividing the nominal rate by 360 days (the commercial year) but applies it over the actual 365 days. This difference generates a significant cumulative overcharge on long-term loans. Spanish courts have consistently declared this formula null and void for lack of transparency, compelling the bank to recalculate the mortgage and refund the excess charged.
Yes. The sale or assignment of your mortgage loan to an investment fund does not eliminate your rights as a consumer. If the fund cannot evidence the chain of ownership of the credit, or if the assignment was made without valid notification, you can oppose any mortgage foreclosure proceedings on the grounds of lack of standing. Furthermore, the assignee cannot unilaterally modify the terms of your original contract.
You may exercise your right of access with any credit reference agency. ASNEF-Equifax, BADEXCUG and RAI are legally required to respond within a maximum of 30 days. Moreover, before listing you, the institution must have previously notified you of a payment demand. If you did not receive that notification, the listing is wrongful and you are entitled to immediate removal of your data and compensation for moral damages.
The general time limit for claiming repayment of abusive charges is five years from the date of payment. However, where the charge forms part of a clause declared null and void as abusive, the nullity action is imprescriptible under CJEU doctrine, which allows claims to be brought for amounts charged more than five years ago. Each case requires individual analysis.
The early acceleration clause allows the bank to demand full repayment of the mortgage loan upon a single missed payment. The CJEU and the Spanish Supreme Court have declared the majority of these clauses abusive on the grounds of disproportionality. Their annulment can halt an ongoing mortgage foreclosure and compel the bank to renegotiate the terms of the loan.
Anyone who feels they have been wronged by their financial institution needs a professional who speaks their language. We will put a banking lawyer in Málaga at your disposal to assess the viability of your claim.