What expenses derived from the constitution of the mortgage can be claimed?

Published on March 13th 2018

Notary and appraisal expenses are the most likely

The last sentence of the Supreme Court, which has supported the bank and has not been abusive tax derived from the constitution of the mortgage, has cleared something else the way of judicial claims. The experts of HelpmyCash.com explain that when financing the acquisition of a home, there are two types of formalization expenses that have to be paid: those of purchase and sale (associated with the deed of ownership of the property) and the expenses of setting up the mortgage . According to the aforementioned judgment, the initial expenses would not have to be applied in full to the consumers, but some would be:

- Notary fees: usually represent between 0.1% and 0.5% of mortgage liability plus the cost per sheet of deeds. Experts calculate around 800 euros and the Supreme Court's last sentence stipulates that this item could be divided equally between the bank and the mortgaged one.

- Copies: the invoice will fall on the one that requests them.

- Gestoría: the cost is not regulated by law. It is usually around 500 euros.

- Cost of registration: usually does not exceed 0.2% of the bill, about 375 euros.

- Valuation: between 300 and 400 euros. This expense can be recovered if the client had appraised the property before signing the mortgage with an approved agency and the bank did not accept it and demanded to rehire the services of a company to appraise the property again.

Also, several judges have ruled that the appraisal is an accessory service that is of interest mainly to the bank and that the client does not have to pay, so it could also claim the return of what was paid for this concept under that legal argument.

- Taxes: the Tax on Property Transfers (ITP) and Documented Legal Acts (AJD) depends on each autonomous community and can range between 0.5% and 1.5%. It is the highest expense of the constitution of the loan, around 75% of the total.

Source: ElEconomista.es

  • Barcelona

    93 293 19 07

    Paseo de Gracia 85, 2ª planta

  • Madrid

    91 800 54 66

    Serrano 43-45, 4ª planta

  • Valencia

    96 128 59 68

    Calle Mossen Femades 3, bajo dcha. Ed. Lauria

  • Palma

    97 100 32 03

    Calle Unió 9

We use our own and third-party cookies to make our website work safely and personalize its content. Likewise, we use cookies to measure and obtain data on your navigation and to adjust advertising to your tastes and preferences. Press the "Accept all" button to confirm that you have read and accepted the information presented. To manage or disable these cookies, click on "Configuration". For more information see our cookies policy.
Modify cookies
Technical and functional Always active
This website uses its own Cookies to collect information in order to improve our services. If you continue browsing, you accept their installation. The user has the possibility of configuring his browser, being able, if he so wishes, to prevent them from being installed on his hard drive, although he must bear in mind that such action may cause difficulties in navigating the website.
Analytics and personalization
They allow the monitoring and analysis of the behavior of the users of this website. The information collected through this type of cookies is used to measure the activity of the web for the elaboration of user navigation profiles in order to introduce improvements based on the analysis of the usage data made by the users of the service. They allow us to save the user's preference information to improve the quality of our services and to offer a better experience through recommended products.
Marketing and advertising
These cookies are used to store information about the preferences and personal choices of the user through the continuous observation of their browsing habits. Thanks to them, we can know the browsing habits on the website and display advertising related to the user's browsing profile.