If a bank lent you the money to buy the home you live in, it will surely pay all the expenses of the loan.

It was common for a clause to be included in the loan and mortgage deed that required paying everything. What by law he had to pay and, furthermore, what the bank would have had to pay if he had not put that clause.

They also imposed on him, without the possibility of choosing, the agency to which he paid to make the arrangements for the mortgage to be valid.

A recent judgment of the Supreme Court dated: December 23, 2015 (No. 705/2015)  determines that the extension of the clause is striking, which seeks to attribute to the consumer all the costs derived from the conclusion of the contract, supplying and sometimes contravening, legal regulations with different provisions in this regard and that ‘who has the main interest in notarizing public the loan with mortgage guarantee is the lender, who is the one who receives the accrediting executive title’. For this reason, it is estimated that there must be a minimum negotiation and reciprocity in the distribution of the expenses of formalizing the mortgage deed that is made in favor of the bank.

The Provincial Courts and Courts of First Instance, in many cases, are declaring the nullity of the stipulation in the mortgage deed that the expenses (notary, registry, taxes, etc.) will be borne entirely and exclusively by the debtor. However, the bank is not always obliged to return the total amount. For this reason, the study of each case is absolutely necessary.

If you want to try to recover the money for all these expenses (notary, property registry, apartment appraisal, agency fees, and tax on documented legal acts for the mortgage loan), answer the following questions:

1. Date of loan deed:
2. Have you finished paying off the loan?
3. If so, on what date did you pay the last installment:
4. Do you have invoices for expenses such as: appraisal, notary, registry, tax?
5. Do you have the liquidation and/or the agency invoice? Sometimes, the settlement does not include the amount paid to the agency for its management and it does appear on the invoice.
6. Do you have a copy of the mortgage loan deed?

If you have answered yes to questions 4, 5 and 6, you can send us the scanned documents (settlement and/or management and deed invoice) to, indicating a telephone number in your email and we will contact you. You can also do it through the FOLLOWING FORM (CLICK HERE)

Por Gestifinc // March 23