For the first time a court in Seville has forced a bank to repay the costs of formalizing a mortgage. That is including the Tax of Documented Legal Acts a tax that represents more than 70% of the expenses to be paid by the mortgaged. The ruling considers these expenses amounting to almost 4,000 abusive.
According to a statement from the law firm until now the court had upheld the nullity of property registration expenses. Almost in a majority way, that of notary expenses, thanks to Supreme Court ruling. However, this ruling is a pioneer since it opens the way to the judicial claim of the tax. That being regulated by a tax regulation, is considered as acquiring the applicant of the loan, thus leaving it to the discretion of each court. However, with this ruling it is possible to get the return of this tax to the mortgaged. Continue reading “A bank forced to pay back the mortgage including Tax”