Reimbursement of all payments paid in excess of the land clauses
23/12/2016
The Court of Justice of the European Union has clearly clarified that we can proceed to the claim to the banks of everything we have paid extra as a result of the existence of the clauses in mortgages signed with consumers. We take the opportunity to clarify the concepts:
A) We understand by SOIL CLAUSE those clauses included in the mortgage loans granted to consumers in merits of which the banking entities establish a limitation to the variable type of interest agreed with the client without having informed him before the signature of the mortgage of Clear, simple and transparent form of this limitation and of the possible effects and scenarios that this limitation could cause during the entire life of the loan.
B) On 09.05.2013 the Supreme Court declares certain clauses in a ruling were usually abusive and, therefore, were null and void, a statement that implied the return of everything that had been paid unduly. However, the court cut the return in the sense that it only proceeded with the return of what had been paid unduly from the date of the sentence, May nine of two thousand thirteen, arguing that the total refund could destabilize the system Banking
C) The Judgment of the Court of Justice of the European Union, of 21.12.2016, establishes that limiting the effects of the annulment of the abusive ground clause goes against the EU rule of defense of the consumers. Therefore, the joint resolution will work to claim to the banks the full refund of everything that has been paid more, not only from the new day of May two thousand thirteen, but since the beginning of the application Clause in each specific case.
Feel free to contact ATT ASSESSORS, telephone 973443505, e-mail: [email protected], if you have a mortgage with a floor clause or simply want to know if your loan is contemplated.
A) We understand by SOIL CLAUSE those clauses included in the mortgage loans granted to consumers in merits of which the banking entities establish a limitation to the variable type of interest agreed with the client without having informed him before the signature of the mortgage of Clear, simple and transparent form of this limitation and of the possible effects and scenarios that this limitation could cause during the entire life of the loan.
B) On 09.05.2013 the Supreme Court declares certain clauses in a ruling were usually abusive and, therefore, were null and void, a statement that implied the return of everything that had been paid unduly. However, the court cut the return in the sense that it only proceeded with the return of what had been paid unduly from the date of the sentence, May nine of two thousand thirteen, arguing that the total refund could destabilize the system Banking
C) The Judgment of the Court of Justice of the European Union, of 21.12.2016, establishes that limiting the effects of the annulment of the abusive ground clause goes against the EU rule of defense of the consumers. Therefore, the joint resolution will work to claim to the banks the full refund of everything that has been paid more, not only from the new day of May two thousand thirteen, but since the beginning of the application Clause in each specific case.
Feel free to contact ATT ASSESSORS, telephone 973443505, e-mail: [email protected], if you have a mortgage with a floor clause or simply want to know if your loan is contemplated.