Closed – in the beginning – the way to claim the taxes of constitution of a mortgage through the courts of instruction, the buyer only has the civil route to claim the return of the expenses that he pays when he is granted a loan. "Consumer associations can continue to sue banks by claiming abusive clauses of these expenses, but only on the civil route," says professor of financial and tax law at the UOC Benja Anglès. The Spanish court – adds – may end up raising the European Court of Justice for the resolution of these clauses, as it did with the clause land.
But what are these expenses that banks fall into the customer? The first is the appraisal. It is mandatory by law to establish the mortgage and serves to determine the real value of the property. It must be done by a valuing entity registered and registered in the Bank of Spain. Its cost ranges between 250 and 500 euros, depending on the entity. The second is the confirmation in the Property Registry that the property has no charges. It costs around 30 euros.
Once the mortgage is granted, in addition to taxes on documented legal acts, some banks claim a commission from the opening, which can reach 2% of the capital that has been loaned. At the same time, it pays the notary expenses that are produced for the granting of the public deed of the mortgage loan, and those for the registration of the deed in the Property Registry. Finally, the buyer is also responsible for registering or replacing the water, gas and electricity supplies. In the case of water, for example, the cost with the purchase of the meter exceeds 250 euros in Barcelona.
Products tied to the mortgage
Apart from these expenses, many mortgages also include the sale of products linked to the duration of the loan. The most common ones are the hiring of home insurance or life insurance. For the first there are banks that make up to 800 euros per year, if they are hired out of the mortgage, the cost is just over 200 euros. Other bank requests when granting the mortgage is the payment of the payroll to the account through which the loan or the hiring of credit or debit cards is paid.