LEGAL SERVICES

Unfair Terms

Lawyers specialised in Unfair Terms

We will examine your mortgage agreement in detail, identifying the clauses that, according to current case law, may be deemed unfair, in order to subsequently attempt an out-of-court claim with the bank. If this proves unsuccessful, we will initiate and represent you in court proceedings, bringing legal actions aimed at declaring the clauses null and void and reclaiming any amounts unduly charged by the bank, together with the corresponding interest and legal costs. Should a judgment be issued against the bank and it fails to comply voluntarily, we will handle its enforcement.

Key Aspects in a Claim for Mortgage Abuses

Identification of Unfair Terms:

You should review your mortgage agreement to identify any potentially unfair terms. Below are some examples of unfair clauses.

Floor Clause: Sets a minimum interest rate, preventing borrowers from benefiting from Euribor reductions.
Abusive Default Interest: Imposes excessive penalties for late payments.
Mortgage Expenses: Imposes on the client all related costs, such as notary, registration, and valuation fees.
Early Maturity Clause: Allows the bank to demand full repayment of the mortgage in the event of minor or occasional defaults.
Loan Securitisation: If your loan was sold to third parties, it may affect the bank’s capacity to claim the debt.

Claim Procedure:

Direct claim to the bank requesting the removal of the unfair clause and the reimbursement of the amounts paid.
If the bank does not respond or rejects your request, you will need to initiate judicial proceedings to defend your banking rights.