Hit the banks: the deadline to claim mortgage expenses does not begin to run until the court rules that they are abusive

The European justice system has dealt a blow to Spanish banks, definitively clarifying the controversy over the deadlines for claiming mortgage expenses. The Court of Justice of the European Union (CJEU) ruled that the limitation period for claiming these expenses should start from the moment a final ruling declares an abusive clause null and void.

Until now, there was uncertainty regarding when the statute of limitations began. Banks believed it started in 2019 when the Supreme Court ordered the reimbursement of these expenses to clients. However, the CJEU’s recent ruling states that the period to claim mortgage expenses does not commence until consumers become aware of the abusive nature of the contractual clause.

This decision opens the door for thousands of consumers to reclaim unlawfully charged amounts from banks. The European High Court’s ruling ensures that the statute of limitations does not begin until the nullity of their loans is declared, providing consumers with the opportunity to claim without fear of being accused of late or incorrect complaints.

The CJEU emphasizes that consumers should not be expected to perform legal research to determine the scope of published sentences. Therefore, regardless of the mortgage contract’s date, the term starts when each procedure concludes.

Estimations from ASUFIN suggest that around eight million consumers may have paid these abusive mortgage expenses, with an average amount of about 1,500 euros. Banks are now required to reimburse affected individuals for 50% of notary fees and the total cost of registration, management, and appraisal.

The CJEU’s ruling is based on a case brought by two consumers who requested reimbursement of opening costs after the contractual clauses were declared abusive. The mortgage loan was signed in 1999, and in 2017, the affected individuals sought the annulment of the clause through a Barcelona court. While the court ruled in their favor, the bank argued that the claim period had expired, but the CJEU’s decision invalidates this argument.

It is important to note that only individuals who signed or paid off their mortgages before June 2019 are eligible to claim mortgage expenses.