The SUPREME COURT has established criteria regarding the Mortgage Loan Formalization Expenses with consumers
Publicado el 2/3/2018
The Plenary of the First Chamber of the Supreme Court has ruled that the Tax (TP-AJD) must be paid by the borrower (the client).
Notary fees will be shared between the bank and the client.
However, it has not ruled on other minor expenses (Land Registry, management, appraisal ...).
For this reason, and because this Office anticipated the outcome of the TS Judgment, it was prudently advised to wait for the settlement of criteria, in order to avoid affecting the affected party to litigate against the bank in order to obtain an economic recovery at an amount not report a financial compensation provided.
With the Judgment of the Supreme Court of 28.02.2018, it is known that the most important item in all cases, the tax, is not reimbursed.
But at least, we can draw some positive conclusions:
1) that the bank will be more inclined to talk about the "safe" concepts to be reintegrated;
2) that each one will be able to decide with greater certainty if, in his particular case, he compensates or not the trial, and
3) that will speed up the resolution of matters that are already in the Courts, which will be able to move more quickly by having the criteria of the TS.