Real Estate Blog

REVIEW OF THE DISTRIBUTION OF EXPENDITURE IN THE CONSTITUTION OF MORTGAGES

the Civil Supreme Court room, gathered in plenary, has delivered several judgments setting doctrine on some issues relating to unfair terms in contracts with consumers that even not had acted. It means the Supreme Court which is decisive, for the allocation of expenses, putting on the lens who party is the beneficiary of spending, and thus, as a matter of unification of fixed, jurisprudential doctrine which is abusive clause, so far usual, assign the mortgage all taxes and expenses, and distributes them according to the criterion of benefit cited above, in the following manner:

Consultancy and notary: Equally between customers and financial institutions.

Property registry: The financial institution, to be constitutive registration of the mortgage and for the exclusive benefit of this.

Documented legal acts tax: The client, on mortgages arranged before the Decreto.Ley 17/the Government of November 8, 2018 2018, and the banks on mortgages signed from 9 November 2018.

Fee: Free Pact between the parties. Amount must clearly state in the mortgage contract.

COAPI Alicante information

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