Justice on the Costa Del Sol. Mortgage contracts on Spanish properties have been a headache for British borrowers for some years now, due to the abusive nature of Spanish bank clauses in relation to a specific mortgage clause on residential homes known as a Floor Clause (Cláusula Suelo), IRPH and mortgage expenses. Jurisprudence at European Level corrected the Spanish Supreme Court decisions and Courts are being favorable to consumers in 99% of the cases.
Justice on IRPH
Good news for consumers came in March this year in the form of a landmark decision handed down by the European Court of Justice (ECJ) giving to Spanish Judges instruments to declare IRPH abusive. This ruling has been welcomed by UK residents owning properties abroad; and their solicitors who have spent years looking at how they can recover the costs owed to their clients.
Bankxit
The ECJ’s decision will positively affect many of the estimated 500,000 British citizens who own properties in Spain.
What is coming
Travel restrictions should not dissuade claimants from claiming because they do not need to travel to Spain in order to litigate. For those who have taken a financial hit as a result of covid-19 and are considering entering into mortgage agreements on their Spanish holiday homes, should feel reassured that the law will back consumers’ rights and help achieve justice.
Article published in Solicitors Journal
By Julio Prieto, Registered European Lawyer at Del Canto Chambers.
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