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STATEMENT: The CJEU endorses the extension of the deadline to claim mortgage expenses

(Information sent by the signatory company).

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STATEMENT: The CJEU endorses the extension of the deadline to claim mortgage expenses

(Information sent by the signatory company)

Santiago de Compostela, January 26

The European Court has rejected the different thesis defended by the banking entities, according to which the period to claim expenses related to mortgage expenses would have already expired, explains the Otero firm.

In its ruling of January 25, 2024, the Court of Justice of the European Union has stressed that the limitation period for claiming mortgage costs cannot begin until the consumer has effective knowledge of that possibility. Furthermore, it has maintained that the consumer cannot be required to know the jurisprudence of the Courts in this regard. What does this mean? That it cannot be understood that the five-year period to claim these expenses has begun with the publication of the Supreme Court ruling of December 23, 2015, the first that established jurisprudence on this matter, as defended by the banking entities and some Courts. Provincial. So, consumers still have time to claim their mortgage expenses. To do this, only three requirements are needed:•  That the mortgage has been taken out before June 16, 2019 by a consumer. Novations or subrogations in which the bank intervenes are also included.•  That the mortgage deed contains an expenses clause. Virtually all deeds contain it. •  That a copy of the mortgage deed and the invoices for the Notary, Registry, agency and appraisal expenses (or some of them) be kept. "If you meet these requirements, you can make a claim to the entity 50% of the Notary invoice and 100% of the Property Registry, management and appraisal invoices, plus interest from the date of the invoices. This means recovering, on average, between €1,000 and €1,500." .In Otero

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