Beatthebanks-spanishclaims

/ Our News / Understanding the Impact of the Mortgage Floor Clause

Understanding the Impact of the Mortgage Floor Clause

November 28, 2024
Understanding the Impact of the Mortgage Floor Clause

Mike Begg – Managing Director of Beat The Banks:

It’s an astonishing reality that countless British homeowners in Spain have unknowingly fallen victim to mortgage mis-selling. At the heart of this scandal lies the notorious ‘floor clause,’ a hidden trap embedded in many mortgage agreements. This clause, or cláusula suelo, ensures banks benefit from high interest rates even when central rates plummet, leaving homeowners overpaying by tens of thousands of euros.

 

The Bank of Spain has reported a surge in complaints, with over 40,000 filed in a single year alone. Yet, many affected individuals remain unaware they are owed compensation—often in excess of €40,000! At Beat The Banks, we have seen the shocking extent of this mis-selling first-hand. Unfair terms, lack of transparency, and a relentless drive for profit have left countless families financially vulnerable.

 

The turning point in the fight against the infamous cláusula suelo came in May 2013. That’s when the Spanish Supreme Court finally stepped in and declared that these floor clauses, found in mortgages provided by heavyweights like BBVA, Cajamar, and NCG, were nothing short of abusive. However, astonishingly, the banks were let off the hook—no refunds were initially ordered for the customers who’d been overpaying for years.

But the tide turned again in April 2016 when a Madrid judge brought down the hammer, declaring that 40 of Spain’s biggest lenders had to cough up and reimburse borrowers for the extra interest they’d been unjustly charged. This applied to charges dating back to 2013—a decision that rattled the banking world.

 

And then came December 2016—the knockout blow. The European Court of Justice finally ruled that no time limit could be imposed on claims. Banks were ordered to repay every single cent of overpaid interest, no matter how far back it went. This landmark ruling reaffirmed what we’ve always known: justice doesn’t have an expiry date.

The good news? It’s not too late to act. Beat The Banks Spain is here to help you reclaim what’s rightfully yours. Whether it’s recovering unfair fees or challenging the validity of these clauses, our expertise is unmatched.

 

For those looking to move to Spain, partnering with Sol Spanish Estates provides the peace of mind you need. From securing transparent mortgages to offering expert legal guidance, they ensure you avoid the traps others have faced.

 

We invite you to start with a free financial health check today. Whether you’re already living in Spain or planning to make the move, understanding your financial standing is crucial. Let’s uncover your mortgage’s true story and secure the compensation you deserve.

Free Mortgage Check

Explore your options and ensure you’re not paying more than you should. Get a detailed analysis of your mortgage terms and find out if you’re eligible for a refund on unfair charges.

Latest News

Open chat
Get in touch
Hola 👋
Can we help you?