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If you signed a mortgage before 2019, it is an almost absolute certainty that your bank forced you to pay all the costs of its origination. This practice has been declared abusive by the Spanish Supreme Court and the Court of Justice of the European Union. As your mortgage fees attorney in Málaga, at Orozco y Asociados we lead mortgage cost claims so you can recover the money you were wrongfully made to pay when signing your home loan agreement. Do not let time consolidate a financial abuse; you have the right to claim and demand restitution of your capital with the applicable statutory interest.
According to the repeated rulings of the Supreme Court, abusive clauses that transfer the entirety of origination costs to the consumer are null and void. You are entitled to recover the following payments:
Tax note: It is important to clarify that the Stamp Duty (AJD) arising from property transfers falls on the borrower, as ruled by the Supreme Court. This tax is therefore not subject to claim, and our strategy focuses exclusively on viable items to avoid any surprises.
Our banking attorneys do not focus solely on origination costs. We audit your contract comprehensively. If your mortgage includes a floor clause or uses the Mortgage Loan Reference Index (IRPH), your monthly payment is being unjustly inflated.
Our specialist attorney demands the nullity of this type of abusive interest rate, requesting a recalculation of the amortization schedule and the refund of all overpayments.
If you are facing financial difficulties, missed payments, or a lawsuit for early termination, we take on your technical defence against mortgage foreclosure proceedings.
We halt repossessions and protect your home, applying the mechanisms of the Second Chance Law if your business or personal finances have been involuntarily insolvent.
We assess the viability of your banking claim with no obligation.
The claims process demands technical precision. Every case begins by gathering the relevant documentation: original deeds, paid invoices, and settlement statements.
Choosing the right attorney for mortgage fee claims is the best decision you can make. Our law firm has a well-established track record in Málaga, Marbella, and Vélez-Málaga. Mortgage disputes often extend into other areas of law, and our team is fully equipped to handle them with expertise:
Contact our law firm and request your first consultation to pursue your mortgage fee claim with complete confidence.