The Supreme Court establishes that Floor clause claims can be filled after the end of the mortgage repayment period

Mortgage loans Spain

The Supreme Court has ruled that consumers who had a Floor Clause included in their mortgage contracts have the right to claim undue interests back, even if the loan has expired.

“The end of repayment period does not deprive those who were borrowers from exercising the action aimed at obtaining the declaration of nullity of the Floor clause, because it is abusive, and the refund of what was unduly paid in the application of the said clause,” said the ruling.

  • This is an important milestone and the first time that the Supreme Court has stated this so clearly.
  • Many people who have repaid their loan in its entirety are entitled to claims.
  • Nullity actions have no time barring; you can start them at any time.
  • The General Council of Judicial Power, the institution in charge of Courts management and direction in Spain, has extended the activity of these Courts for 6-12 months more.

Maria Luisa Castro

Director and Founder
María founded CostaLuz Lawyers in 2006 and is the Firm’s Director. María is registered Lawyer number 2745 of the Cadiz Bar Association and is licensed to practice in all areas of law throughout Spain. Working closely with her team, María has developed the firm into one of the most highly regarded and trusted Spanish Law Firms acting for English-speaking clients with legal problems in Spain. We’re here to help. Contact us today for a free, no-obligation, initial legal orientation.

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