Mortgage Floor Clause

If we told you you’ve been overpaying your Spanish mortgage for no gain whatsoever, wouldn’t you want your money back?

If you have or used to have a Spanish mortgage where the repayments were never reduced since the beginning of your mortgage term, you could have a Mortgage Floor Clause and be due a refund of overpaid interest and have your future repayments reduced.

Over 2 million variable-rate Spanish mortgage contracts contain a hidden clause that mean your repayments will never drop below a certain level.

 

We will manage everything for you and provide regular updates on the progress of your Spanish property claims.

Frequently asked questions

How do I know if I have a Mortgage Floor Clause?


If you have got a Spanish Mortgage of which the payments have only ever stayed the same or increased but never gone down then it is likely that you have got a Mortgage Floor Clause but you cannot tell if you have a floor clause without your Mortgage Deed.




Do I have a time limit to make a claim?


If you are paying off the mortgage and still own the property you can claim. If not, as a rule, you have got 4 years from the date you sold your property or consolidated your mortgage. Older mortgages may be eligable but the claim would need deeper investigation. As soon as you realise you may have a claim, get it checked out. We can assess your case for free so get in touch with us to find out if you have got a Mortgage Floor Clause.




How can you tell whether the clause is there or not?


The only way to tell if you have got a Mortgage Floor Clause is by looking at the Mortgage Deeds also known as 'Escritura de Prestamo Hipotecario'.




Who is the claim against?


The Mortgage Floor Clause is now classed as an unlawful and unfair clause, Mortgage Floor Clauses should have now been removed from Spanish Mortgages, however, many people still lost money on the overpayments before the clause was removed. The claim is against the bank as they are responsible for compensating you for the money you lost when the clause was in place.




How much will a claim cost?


If we are successful with your case, our fees come from the amount awared at 35% + VAT. If you are unsuccessful you do not have to pay a thing. Some small charges may occur if we need to obtain additional documents for your claim - please note, these charges would not be going to us, it would be notary fees or admin fees for the company providing these documents.




How long does a Mortgage Floor Clause claim take?


On average, Spanish claims take 18-24 months due to the speed of the Spanish Court System.




What am I actually claiming for?


Your claim would be for the overpayments on your Mortgage due to the clause that was in place.




What do I need to make a claim?


There are a few documents needed to start the process: Passport Utility or Tax Bill with address of property in question on it NIE Number Slightly further down the claim process we will need to obtain your Mortgage Deeds to find out if the clause was present or not. If you do not have your Mortgage Deeds, do not worry, we can get in contact with a Notary on your behalf to obtain this document.





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