What are the novelties regarding mortgages and abusive clauses?
Evaristo Nievas Gomez - Abogado / 699654217
In October, a change of criteria was published on the reimbursement of the tax on documented legal acts. The Provincial Audience of Las Palmas and the recent jurisprudence of the Supreme Tribunal, with two sentences earlier this year, recognised as abusive and void the clause of payment of that tax to the mortgage borrower referring to consumers. But the payment of that tax corresponded to the consumer borrower. The arguments of the sentences were criticised for their contradiction by a few legal operatives.
The Supreme Tribunal unexpectedly modified its previous jurisprudence and established that the tax on documented legal acts must be paid at the notary by the entity that lends the money, not the client. This means that the criteria given by the Supreme Tribunal changes and therefore Spanish banks will have to face a huge amount of demands. Those changes create legal insecurity but in all cases, it is very good news for consumers. .