The mortgage and its clauses
Everyone who has a mortgage knows the terms of their mortgage, right? In addition to that, more than one person of those mentioned above. So, if this is your case, here, from Tecem Abogados, we help you to be able to claim the abusive clauses that can give you a headache and, in case you are already paying a mortgage with abusive clauses, you can recover the money lost because of these.
Remember that if you have more specific questions about your personal case or need more detailed and personalized information about your specific case you can contact us, Tecem’ s professionals will advise you in every possible way to help you in your case with a completely personalized attention.
Steps to claim against abusive clauses
1 – Contract review
Analyze the mortgage deed, this way you will be able to identify the abusive clauses that may be making you or giving you a hard time, these may be mortgage expenses, floor clause or IRPH, so be careful with them and take a look at them, in case you can still avoid these clauses before they affect you, take care of them beforehand, better to be safe than sorry!
2 – Compilation of documentation
After having reviewed the contract, start compiling the documentation, gathering all the key documents, contract, payment receipts and invoices of associated expenses, thus, gathering all the necessary data to be able to know your specific case. This step is quite important, since based on these documents Tecem’ s professionals will be able to advise you as best as possible in your case.
3 – Contact us for expert advice
With the previous step completed, contact Tecem in Malaga, and we will take care of giving you a fully personalized service for your case, in this way we will make sure to evaluate the viability of your claim with the data collected above. In this way, with our professionals studying your case, we will do everything possible to help you and get your money back.
4 – Presentation of the claim to the bank
After having evaluated the viability of the claim, this could be your final step, send a formal request to your financial entity to demand the elimination of the clause and, in case you have already paid part of it, the refund of what you have paid of the clause or clauses. This is the best of the cases, which will not be as complicated as the following ones, however it is not the most common, so you have to take into account the following step.
5 – Appeal before the Bank of Spain
In case the bank rejects your claim, you can go to the Bank of Spain as an alternative way, in this way you can expect a favorable response from it to solve your problem, thus eliminating the abusive clauses of your mortgage. This step, somewhat longer than the previous one can be more effective, however, it may not have the expected response, so you have to take into account the next step, in case the answer given by the Bank of Spain is not the one you want, taking this process to its maximum complexity.
6 – Lawsuit
This is the final step, you would only get here if, after going to the bank of Spain you do not get a favorable response, in that case Tecem’ s specialists will guide you in the judicial process to be able to recover the money you have paid in the abusive clause. This step is the last one in the “worst” case, however, it is worth it before paying the abusive clauses you may have in your mortgage.