Many of our customers have been interested in the possibility of claiming expenses mortgage opening, such as bills of Notary, Registration, management and appraisal of the property.
Since 2015, the Spanish Supreme Court and the Court of Justice of the European Union have considered null and abusive that the customer assumes all costs for a mortgage for the purchase of a home and, for this reason, nowadays, users can claim that they paid improperly.
Given that the Judgment of the Supreme Court that established jurisprudence on this matter is of the 23 January 2019 and the period of prescription of the Civil Code common is 5 years, our recommendation was to present the claims of the costs of mortgage opening before the January 23, 2024, because there was the possibility that it is considered prescribed if it is claimed that after.
However, this term is extended until at least 14 April 2024, as during the state of alert resulting from the pandemic of coronavirus were suspended, the terms procedural and, specifically, the limitation period.
New Judgement of the ECJ 25/01/2024
In addition, on 25 January 2024, the Court of Justice of the European Union (ECJ) issued a new Ruling that modifies the criterion that, until now, following the Supreme Court and it opens the door to the fact that users have more time to claim the banks in the return of the expenses of mortgage.
According to this new Ruling, the period of prescription of the action starts counting once the consumer knows that the clause is abusive and you know the rights that you have.
The ECJ has decided that the prescription is no longer determined on the basis of the Judgment of the Supem, but that will start to count when the consumer becomes aware of the abusivitat of the clause and to know that they have the right to claim. This, of course opens the door to the possibility that many more consumers can claim and get a refund.
The ECJ declares that, in this case, the period of prescription of the action that may be exercised by the consumer to obtain the reimbursement of the amounts paid unduly expenses of execution of the mortgage loans can't start before the consumer has knowledge of the facts determinants of the abusive nature of the contract clause in accordance with which they were making these payments.
In addition, the resolution indicates that because you start the limitation period is required that the consumer learn not only such facts, but also their evaluation legal, which implies that you know also the rights which it confers.
That is to say, the deadline to claim the cats mortgage would be extended until April 14, 2024, but on the basis of this Judgment of the ECJ could defend against a claim made after this dateif it manages to prove that indeed the user does not know the rights of complaint I had at the time of passing the Sentence, but who had knowledge of the same later.
You can consult us with any doubts that you may have related on this topic and ask us for more information via our e-mail info@baa.legal in the contact form on our website or by telephone on 93 488 1050.
