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A few years ago, clients assumed all the expenses involved in applying for a mortgage . That was until, in June 2019, the Supreme Court declared that it was an abusive practice and allowed the claim for said costs. Thus, in today's article we review the steps to follow to claim these mortgage expenses in 2024.
Supreme Court clarified that all people who had taken out a mortgage loan before June 16, 2019 had the right to claim the costs of establishing the mortgage . Thus, according to the resolution of the TS, the expenses that you can recover are the following:
At the time, the resolution of the judicial body established that these expenses were typical of the granting of the mortgage loan and benefited the bank itself. Therefore, it was the financial entities that had to take care of these expenses. So, if you paid these expenses when taking out a mortgage, you can now claim a refund from your bank.
Since then, and until now, the client only pays the cost of the home Romania Mobile Number List appraisal , while the bank assumes the rest of the expenses.
Recommended reading: Deadline to claim mortgage expenses
You will not recover all the expenses
Keep in mind that there are a series of expenses that you as a client will continue to assume . In this case, they will be:
Claiming your mortgage expenses has an official statute of limitations of five years from the moment the mortgage expenses are paid, according to the Supreme Court. But why “official”?
The issue is that, to this day, there is great confusion regarding the term for a possible claim. On the one hand, the Supreme Court sets the maximum period at five years. However, the situation is not clear when certain experts affirm that the possibility of claiming has no time limit .
At the moment, the question is awaiting a response from the Court of Justice of the European Union (CJEU) , an organization that has not yet ruled.
For this reason, if you plan to claim your mortgage expenses, you better do it as soon as possible .

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What documentation do I need to claim my mortgage expenses?
When claiming mortgage expenses in 2024, you will need to have a set of documents that allow you to prove that you have paid the expenses in question. Below, we indicate the most relevant documents:
Collect all the invoices corresponding to the expenses you paid when taking out your mortgage loan. You will obtain these invoices from your own bank.
Claim to your bank. The first option will always be to try extrajudicial means and request a refund from your bank directly.
Wait for the bank's resolution. The entity will have a maximum period of one month to respond to your request. If your bank accepts, you will receive the amount. If it rejects, you can raise your complaint to the Bank of Spain.
Sue your bank. If the answer is negative, sue your bank before the court of first instance that concerns you. By winning the trial, you will receive the amount back. If you lose, you will have to bear the costs of the process.
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