According to recent precedents and case law from the Spanish Supreme Court, the credit company or bank as the interested party in the mortgage agreement has to be in charge of paying:
- Notary fees: the Notary fees for authorising a mortgage are between 0,1% and 0,5% of the mortgage liability. The mortgage liability is the mortgage amount plus calculation of interests due to arrears and also the legal fees in case the bank needs to enforce the mortgage agreement legally. According to the Supreme Court, we could claim 50% of these Notary fees for authorising the mortgage.
- Gestoría (administrative advisors): Their fees are 400 Euros approximately. We can claim 50% of these fees.
- Land Registry fees: these fees normally are not higher than the 0,2%. The client has the right to claim the fees paid for registering the mortgage against the property at the Land Registry.
- Regarding the fees the bank charges for the valuation of the property, we might be able to get them back if you already had a valuation (and done by an authorised company) before requesting the mortgage and if the bank rejected your valuation and forced you to get a new one. This might be the point more controversial and this might change in the future with new precedents. If you did not have a valuation for the property before the bank got the valuation, you cannot claim these expenses to the bank.
If you are interested in claiming the bank to pay you back these fees you just have to call us, send us an email or message through our contact form and we will study your case and advise you for free.