The controversial decision of the Supreme Court that it is the client who pays the taxes on mortgages and the subsequent and immediate reaction of the Spanish government by law that is made by banking entities but from the loans that are constituted as of tomorrow has stuck thousands of clients in the heat of judicial battle to try to recover that money.
Juli Rivas is one of them. In March of 2015 he finished paying the 180,000 euros mortgage he had signed with Deutsche Bank eleven years earlier. The last step you need is to face the cancellation, which goes up to more than 1,000 euros. "Before doing so, however, I saw a resolution of the Supreme Law in which a tax lender was returned to a client and I decided to try it," he explains.
The first step was made in January 2017. With the advice of a lawyer, he sent a complaint to the customer's defender of the bank requesting the return of 5,083 euros, which includes taxes, but also mortgage expense They are 462 euros for notary fees, 294 for registration, 241 for management, 171 for appraisals, 1,080 for opening fees and 2,835 for taxes. Among the arguments, the ruling of the Supreme Court dated December 23, 2015, in which it ruled that "the repercussion to the buyer / consumer of the cost of creating the mortgage was an abusive clause and, therefore, null. the".
One year of complaints in the bank
The bank's response – more than a month later – is that it should be directed to the area of legal services. Rivas repeated the claim up to four times in the different areas that the banking entity was indicating, a process that between requests and answers extended almost a year. "The information given to me by the entity was ambiguous and they were going from one side to the other so as not to claim for boredom," he says.
In fact, other colleagues who had also started the procedure ended up leaving because the entity claimed dozens of documents that had not been saved. "The bank has the obligation to give them claims, but in most cases they do not answer or respond to their requests," he explains. In the documentation that Rivas attached to each of the petitions, there were up to ten documents, including the registration of the mortgage register, the invoice for the valuation and the notary's registration for the mortgage.
Type of claims failed, in January of this year decided to appeal to the court and filed a lawsuit in the court of first instance of Barcelona. To do so, he had to pay the attorney's expense -176 euros plus VAT-, the notarial acts and fees of the lawyer, approximately one thousand euros. "I've been hosting almost two years and it will surely not work for anything I'm doing, but at least it has been achieved that those who sign up from now on a mortgage do not have to pay taxes," he regrets. However, Rivas claims that the costs of creating a mortgage such as the closure are so abusive. "Of these nobody speaks and if you do not pay them you can not sell the property even though it is yours," he says.
There are no official figures of how many people, such as Rivas, are half-way legal, but the Professional Association of Tax Technicians of Catalonia and the Balearic Islands (APttCB) assures that the ruling of October 16 of the Supreme one in which initially paid at Bank and not the client caused "thousands" of new claims. In fact, both sources of the Department of Economy and the APttCB comprise between 700 and 800 million euros the money that would have had to return the bank to the buyers for the mortgage taxes signed in the last four years in Catalonia.
"All the resources that are already in the courts will be resolved following the guidelines given by the Supreme plenary. Now they are very complicated, "says Joan Cortecans, APttCB President. However, tributary technicians gathered in Castelldefels appealed Friday because those who have initiated the appeal keep it "inciting the nullity of the process". "The only route, if any, is that of the European court, but from the point of view of consumer rights," insisted the APttCB president.