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Spanish Mortgage - Supreme Court Decision

Spanish Mortgage - Supreme Court Decision

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Old Oct 18th 2018, 12:32 pm
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Default Spanish Mortgage - Supreme Court Decision

Today the Supreme Court finally ruled against the banks and stated clearly they are responsible for their own fees associated with setting up a mortgage. Up until now they have always charged the customer for "Actos juridicos". The cost varies by region but can be anything from €800,- to a few thousand.. This decision is a complete reversal of their previous decision and opens up the opportunity for mortgage holders who took out a mortgage in the last four years to claim directly against their bank for a full refund.

If you have a mortgage - go for it. I tried to claim a year ago and got caught out by the previous ruling.
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Old Oct 18th 2018, 8:03 pm
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Default Re: Spanish Mortgage - Supreme Court Decision

Why only the last four years my Abogado started a no fee claim about a year ago and my mortgage is 10yrs old. When the original court decision was made he started to mark time waiting for this judgement since the part of the claim which would have been allowed was not great. This decision was fully anticipated since the residents groups were up in arms about the last one and would shurely have gone to the ECJ and won just as they did with Claudio Suelo!
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Old Oct 19th 2018, 8:26 am
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Default Re: Spanish Mortgage - Supreme Court Decision

Originally Posted by EsuriJohn
Why only the last four years my Abogado started a no fee claim about a year ago and my mortgage is 10yrs old. When the original court decision was made he started to mark time waiting for this judgement since the part of the claim which would have been allowed was not great. This decision was fully anticipated since the residents groups were up in arms about the last one and would shurely have gone to the ECJ and won just as they did with Claudio Suelo!
Four years coincides with tax regulations and statute of limitations for such claims is how I understand it.
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Old Oct 20th 2018, 8:19 am
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Default Re: Spanish Mortgage - Supreme Court Decision

This decision is under review................

https://elpais.com/elpais/2018/10/19...41_438435.html
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Old Nov 7th 2018, 3:09 pm
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U-Turn confirmed..............https://elpais.com/elpais/2018/11/05...12_665951.html
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Old Nov 7th 2018, 3:46 pm
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Default Re: Spanish Mortgage - Supreme Court Decision

Originally Posted by spainrico
Now we wait for thr referance to the ECJ and then their decision!
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Old Nov 7th 2018, 4:48 pm
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Default Re: Spanish Mortgage - Supreme Court Decision

Originally Posted by EsuriJohn

Now we wait for thr referance to the ECJ and then their decision!
Or new legislation ?? As the Court claimed their judgement was dificult due to poor legislation
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Old Nov 10th 2018, 9:02 am
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Default Re: Spanish Mortgage - Supreme Court Decision

You could not make this up!

https://elpais.com/elpais/2018/11/08...88_533358.html
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Old Nov 10th 2018, 9:39 am
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Default Re: Spanish Mortgage - Supreme Court Decision

Originally Posted by spainrico
However this is for new mortgages going forward. It does nothing to help those of us who paid many thousands in this tax ten years ago. At least before the two contradictory high court decisions there were lawyers who would take your case on a no win no fee basis and persue the banks. There were some success’s and repayments.
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Old Nov 10th 2018, 12:54 pm
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Default Re: Spanish Mortgage - Supreme Court Decision

It isn't over until it's over. The government in the process of shifting legislation now to "credit score" mortgage applications. Also looking at how the banks always insist on linked insurances etc. Whole new can of worms.
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Old Nov 15th 2018, 10:32 am
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Default Re: Spanish Mortgage - Supreme Court Decision

This from https://moneysaverspain.com/
More Mortgage (Good) NewsThe Government has announced that more changes are on the way and that in the future consumers will only have to pay the valuation fee when taking out a mortgage.

This would finally help solve the current problem that homeowners, in most cases, can't change mortgage provider to get a better deal due to the high extra costs that are included.

Additionally, after the approval of last week's new law regarding banks now having to pay the mortgage tax, banks have announced that, for the moment, they won't be changing their mortgage rates for fear of a public backlash.

Could it be that after years of consumers paying around 10% to take out a new mortgage just in fees, that we could finally end up paying an average of only 400€?
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