According to the ruling of 16 July of 2020 issued by the Court of Justice of the European Union (TWENTY), in case of nullity of the clause that requires the consumer to pay all the costs of establishing and canceling the mortgage, Those expenses paid based on said abusive clause must be returned to the consumer..
What mortgage expenses can I claim??
As explained above, and with the exception of mortgages that are under the scope of the Law 5/2019 of 15 March, of real estate credit contracts, valid since 16 June of 2019, can be claimed:
Notarial expenses
The consumer can recover half of the notary expenses derived from the deed of incorporation of the mortgage and its modification. In the event that the deed was cancellation, the expense would correspond to the borrower, by benefiting from the release of the lien.
Regarding the different copies of deeds that were requested, must be paid by the requesting party.
The Supreme Court confirms the above and its previous jurisprudence on the matter in its recent ruling of 24 July, despite recent pronouncements that consider, on the contrary, that these expenses correspond entirely to the banking entity (SAP Las Palmas de Gran Canaria 21 July of 2020).
Registration expenses
In the aforementioned ruling of 24 July, with the same criteria, The Supreme Court considers that the expenses derived from the registration of the mortgage in the Registry, correspond entirely to the banking entity (according to the standard 8. ª of Annex 11 of Royal Decree 1427/1989, of 17 November), given that the property Registrar's fee charges them directly to the party to whom the right is recorded (in this case, The mortgage guarantee is registered in favor of the lending bank).
Tax on documented legal acts (IAJD)
In this case, the rule is very clear. Mortgage deed expenses that have been established prior to the 1 November 2018, date on which the modification of the article came into force 29 from TRLITP and AJD, correspond to the borrower. In mortgages written later, correspond to the lender.
