Mortgage and banking law: defense based in Ronda
Mortgage and banking law deals with real guarantees on real estate, mortgage-backed loans and, in general, relations between consumers and financial institutions.
It is one of the legal areas with the greatest jurisprudential development in recent years, especially since the CJEU Aziz judgment (2013) and the consolidation of transparency control in consumer contracts. Orozco & Asociados is a law firm based in Ronda specializing in mortgage and banking defense. We handle cases before first instance courts, courts specialized in abusive clauses, Provincial Courts and the Supreme Court, throughout the province of Málaga and the rest of Spanish territory.
Mortgage and banking practice areas
Foreclosures
Opposition to foreclosure
due to the existence of abusive clauses (early termination, default interest, floor clause), correction of the claimed amount and suspension of eviction when the requirements of RDL 6/2012 are met.
Judicial auctions
Advice to the debtor before and during the auction, intervention in electronic auctions of the BOE Auction Portal, eviction and delivery of the property to the successful bidder, and defense of third parties.
Floor clauses
Nullity due to lack of transparency ex STS 241/2013 and subsequent rulings. Full recovery of amounts charged in excess, without time limit from CJEU judgment of December 21, 2016.
IRPH
Nullity claims for IRPH Savings Banks, IRPH Entities and IRPH Set of Entities due to lack of transparency. Application of CJEU doctrine (cases C-125/18 Gómez del Moral and subsequent) and Supreme Court.
Mortgage expenses
Claim for notary, agency, registry, appraisal and AJD tax (under its regime prior to Law 5/2019). Calculation of amount according to STS 49/2019 doctrine and following.
Multi-currency mortgage
Nullity due to lack of transparency of multi-currency clauses. Application of STS 608/2017 (Bankinter), CJEU Andriciuc C-186/16 and CJEU Dunai C-118/17. Recalculation in euros from the beginning of the loan.
Claims against financial institutions
Revolving credit cards
Nullity for usury ex Law 1908 and STS 149/2020 (Wizink) and STS 113/2024 (Cetelem). Analysis of agreed APR against average APR from Bank of Spain for consumer credit segment.
Abusive banking commissions
Opening commission (STS 44/2019), overdraft commission (STS 816/2023), debit position commission and unpaid installment claim commission.
Early termination
Nullity of clause for disproportionality ex STS 463/2019 and CJEU C-70/17 and C-179/17 (Abanca/Bankia).
Foreclosure: procedural defense
Opposition to foreclosure
Opposition based on procedural grounds (title defects, statute of limitations) and substantive grounds (existence of abusive clauses that justify the foreclosure or determine the amount due).
Defense against servicers and funds
Claims against Aliseda, Anticipa, Haya Real Estate, Servihabitat and other servicers managing fund portfolios (Cerberus, Blackstone, Lone Star). Analysis of standing to sue and credit assignment.
Frequently asked questions
Yes. The law firm’s headquarters is in Ronda and from there we handle banking and mortgage claims before courts and tribunals throughout Spain.
The nullity action for abusive clauses is imprescriptible. The restitution action for amounts, according to CJEU and Supreme Court jurisprudence, is not affected by short limitation periods. Each case requires individualized analysis.
Notary, registry, management and appraisal at 100% (STS 49/2019). Opening commission after STS 816/2023 with nuances. AJD depending on the deed date and the regional regulations in force at that time.
Protect your interests today
If you have a mortgage loan with clauses you consider abusive, an ongoing foreclosure or a pending claim against an entity or servicer, tell us about your case. We study the deed, receipts and communications, and explain the procedural path before making any decision.
In-person assistance in Ronda or remotely from anywhere in Spain.