Spanish Bank & Property Claims
Rapido’s team of highly professional and knowledgeable staff, are made up of claims managers, lawyers and admin personnel who are 100% focused on helping anybody with a Spanish mortgage recover all over paid fees.
We take a huge amount of pride in the service we offer, and aim to ensure that our service is 100% transparent and fair for all our customers. We are NOT a sales company, you will never receive an unsolicited call from us.
Before we submit any claim, we will analyse the claim completely FREE of charge, and ensure you are fully aware of the procedure and the specifics of what and how much you are claiming.
Floor clause (Clausula Suelo) Mortgage Over Payments
Verdicts: European Court of Justice (2016), Spanish Supreme Court (2013) and Royal Decree (2017)
Documents: Escritura de Prestimo Hipotecario (Mortgage Deed), Recent copy of mortgage statement
If you own a property in Spain and have a mortgage then there is a very high chance you have been overpaying each and every month since about 2009.
The Floor Clause, is a clause in your mortgage contract which allows the bank to charge a minimum interest rate regardless of how low your index (usually Euribor) has dropped. At present the Euribor is -0.131 % so if you have a differential of 1% then currently you should be paying less than 1% in interest. However in many cases the bank has actually been charging a far higher interest rate.
To find out if you have a claim, our legal team will check your case free of charge. To check if you have a claim we will need to see a copy of your mortgage deed. For more information on what the deed looks like please click on the PDF document.
Cost Claims – Payments made relating to the set-up of the mortgage
Verdicts: Spanish Supreme Court (2015)
Documents: Escritura de Prestimo Hipotecario (Mortgage Deed), Invoices for notary, gestoria, property registration, AJD tax (modelo 600)
The Spanish Supreme Court rules in December 2015 that some of the costs relating specifically to the set up of the mortgage should have been paid by the bank.
So if you have an existing mortgage or you have sold or paid off your mortgage within the last 4 years then you can make a claim.
What can you claim? The courts rulings were on the expenses for notary, property registration, gestoria and the AJD Tax (however not all judges agree with the return of all AJD Taxes)
Off Plan Deposits – Development not built
Verdicts: Law 57/68, Spanish Supreme Court (2015)
Documents: Reservation Contract or a Private Purchase Contract
If you placed a deposit on an off plan property in Spain within the past 15 years, and that property was not completed then you can claim back the deposit from the bank which offered the bank guarantee on the property.
What can you claim? Your full deposit
Plusvalia – Capital Gains Tax
Verdicts: Spanish Supreme Court
Documents: Escritura de Compraventa (Property deed Deed),
If you have sold a property in Spain within the last 4 years, for less than you purchased. Then you are most likely to have paid the ‘plusvalia’ tax to the local town hall. Depending on your situation you can likely claim back the tax you paid.
What can you claim? Full Plusvalia Tax Refund
English: Floor Clause
Spanish: Clausula Suelo
English: Spanish Mortgage Deed
Spanish: Escritura de Préstamo Hipotecario
English: Initial Mortgage Offer
Spanish: Offerta Vinculante
English: Breakdown of all mortgage payments
Spanish: Cuadro Amortización
English: Take over a mortgage with the same terms
Spanish: Subrogación de Préstamo Hipotecario
English: Amended Mortgage Contract
Spanish: Novación de Préstamo Hipotecario
If you have a Subrogación, then you will also have a Novación mortgage contract.
Explanation: This is the case file that is sent to the court to start the legal process
Spanish: Procedimiento Extrajudicial
Explanation: The extra judicial claim process
Spanish: Procedimiento Judicial
Explanation: The judicial claim process
Spanish: Acuerdo Extrajudicial
Explanation: An extra judicial agreement