Scales of justice on a desk overlooking Madrid

Lawyer for claiming back mortgage costs in Madrid

Lawyers expert in claiming back mortgage costs. We work on a no win, no fee basis. Tell us about your case. A firm in Madrid.

Tell us about your case

We will call you today

01 The Supreme Court judgment
02 Claiming the costs
03 Getting the costs back
04 Which costs can be claimed
Marble columns of a public building
01 — What we do

Everything we do in a civil matter

One named lawyer handles your matter from beginning to end.

Advice before you act

We tell you whether you have a case, what deadline is running and what you can expect before you take a single step.

Out-of-court claims

Formal demands, recorded delivery notices and direct negotiation to settle without going to court where that is possible.

Drafting and reviewing documents

Contracts, agreements, wills and deeds drafted to head off future disputes.

Claim and defence

Conducting the trial, fast-track or ordinary, from the first pleading to judgment.

Interim measures

Freezing orders and registry entries to make sure the future judgment can be enforced while the case runs.

Evidence and experts

Selecting the evidence and coordinating experts, doctors, valuers and handwriting analysts.

Appeals

Appeals against civil judgments and cassation before the provincial courts and the Supreme Court.

Enforcement of judgments

Enforcing what has been awarded: seizures, auctions and settlement of interest.

02 — The service

Did you pay the notary, the agency or the valuation on your mortgage? We look at whether you can get that money back.

Escalera & Tuset · Civil law · Madrid

All you need is a lawyer to run the whole process.
Not sure? Give us a call 911 923 480 We reply within the same working day. First consultation free.

«Excellent treatment and outstanding professionals. Thanks to Pepe Dominguez Tuset, who resolved my problems.»

Ritesh
Google review · 10 months ago
4,6
10 reviews on Google ↗
03 — How we start

This is how we start to resolve your case

You will know who is handling your matter, what your options are and what it is going to cost. No surprises.

Solicitar presupuesto
  1. You call or write to us

    On +34 911 923 480 or through the form. We get back to you within the same working day.

  2. We study the case

    We review the documents and tell you what your real options are, with their deadlines and their risks.

  3. A fixed quote

    We give you the cost of the solutions on the table before we start. With no obligation.

  4. We get to work

    A named lawyer handles your matter and keeps you informed at every stage of the procedure.

04 — Questions

What people ask us before they instruct us

On mortgages signed before June 2019, generally the registry fee, the agency fee, half the notary fee and, depending on the case, the valuation. Stamp duty on mortgages signed before 10 November 2018 is not usually recoverable.

The European courts and the Spanish Supreme Court have established when that period starts running, and in some cases it is still possible to claim. We check that against your deed.

The mortgage deed and the invoices from the notary, the registry, the agency and the valuer. If you do not have them, we help you obtain them.

Yes, before suing an attempt is made to resolve matters with the bank. We take care of that step.

The Escalera & Tuset team at work in the office
05 — Quote

Tell us about your case. We call you today

First consultation free and with no obligation.

911 923 480

Solicitar presupuesto

06 — In detail

More about claiming back mortgage costs

The Supreme Court judgment on mortgages

Mortgage costs are the costs of setting up the mortgage, arising from the notary, the agency, taxes and the valuation at the time the mortgage is signed. Costs you can lawfully recover.

The judgments handed down by the Spanish Supreme Court on mortgage costs state that it is the banks, not consumers, who have to bear those costs. They cover everything from the notary fees for the mortgage deed to the agency fees, by way of the cost of valuing the property and of registering the mortgage at the Land Registry. Anyone who has, or has had, a mortgage can therefore bring a claim.

Escalera & Tuset, a firm specialising in banking and finance law, can help you with your claim to recover mortgage costs. It makes no difference whether your mortgage is still running. It makes no difference whether you still own the property or have sold it. In every case, the judgments of Spain's highest court give you the right to claim back a good part of those costs. It is the bank that has to bear them. And we make sure we advise you so that it does.

We help you claim back your mortgage costs

Judgment 705/2015 of 23 December of the Supreme Court declared unfair the clause requiring consumers to pay the notary, agency, valuation, deed, Land Registry and stamp duty costs. While on that last one, stamp duty, the Supreme Court appears to have made a complete about-turn, it does maintain that banks have to bear those mortgage costs.

Do you have a mortgage? We can get your money back. We have a specialist department made up of professionals with a long and successful track record in finance law, particularly in claims against banks over unfair terms of every kind. Of all of them, claims against banks over mortgage costs may be the easiest to win. Claiming back mortgage costs is a safe process because the law is behind it.

All you need is a lawyer to run the whole process. At Escalera & Tuset we are so confident about recovering mortgage costs that we work on a very specific basis: we only charge if you win. Get in touch right now and we will deal with you straight away. We can guide you professionally through the whole process so that you recover the roughly 3% that all the mortgage costs together come to. Trust our experience.

Getting mortgage costs back

To get mortgage costs back we have to follow the legal steps set out. First, an amicable claim has to be brought to your bank. If the bank does not return the costs claimed within the period set, it is time to file a court claim. Working with the professionals at Escalera & Tuset, you will be aware of every small step of the process, but you will not have to deal with any of it. We do it all for you.

From analysing your case to arguing it in court, by way of the out-of-court claim. We also work to recover the mortgage arrangement fee you should never have been charged. And we do it quickly, smoothly and effectively. If you want to recover the costs of your mortgage, call us and we will arrange a free meeting in person with no obligation of any kind. We want to know about your case. We want to help you.

If you need lawyers in Madrid to advise you, Escalera & Tuset is the answer. If you need lawyers who can defend you, Escalera & Tuset is the answer. If you need information, Escalera & Tuset is the answer. We are here purely to help you in the way you need. Get in touch now.

Also in civil law

A firm specialising in civil law. Expert lawyers working from Madrid across Spain. Specialists in civil claims and litigation.