One of the financial instruments with which the Banks have been profiting unfairly and to the detriment of the consumer, the average citizen, has been by incorporating the so-called floor clauses included in an abusive manner into mortgage loans.
If you suspect that your mortgage has a floor clause that does not allow you to benefit from the interest rate drops that have been occurring in recent times and that represents a relief for the consumer, do not let ignorance and lack of information stop you. lead to losing the extra money invested as a result of its inclusion, nor to continuing to lose economic amounts in the future, since remaining passive in this situation will have these consequences.
What is the floor clause?
It is a clause introduced by the financial institution in the mortgage loan by which a minimum fixed interest rate applicable to said loan is established. This means that despite the Euribor drops, the fee you pay will not decrease, as a result of a minimum fixed interest rate that they have introduced.
Why has this floor clause phenomenon arisen?
The fact that in recent years is when these clauses, which have become famous for their abusiveness, have been revealed, is due to the economic crisis that the Euribor has entailed, and that is when this clause has come into play. , which prevents the interest rate from falling, and means that, despite the drop in interest, the client does not have the fee to pay the bank lower, when they should be paying less.
What are the Courts agreeing on?
You should know that currently and after the latest rulings issued by the Supreme Court, the reality is very favorable for the consumer, recognizing the retroactivity of the amounts overpaid, although with some limits, because despite the fact that the last ruling of the High Court, exempts banking entities from repaying amounts prior to May 2013, we fight so that in cases that do not comply with what is established by the Supreme Court, Justice condemns the entity to return everything overpaid.
And in Murcia we have courts aimed at consumer protection, and thus, for example, in a recent Sentence of the Commercial Court No. 2 of Murcia, the judge condemns Banco Popular, formerly Banco Pastor, to return everything charged in addition to the floor clause, despite the doctrine of the Court Supreme Court that establishes the return only as of May 2013, because the judge understands that there has been bad faith in said entity.
I think I have a floor clause, what can I do?
Contact our team of professionals, they will give you sufficient security and confidence in the processing of this procedure, where after a free first visit in our office, we will do a study of your mortgage and floor clause, we will provide you with information on what your rights are, the procedure to follow from the extrajudicial claim to the banking entity in question, until the presentation of the individual claim in the corresponding procedure where we will assert your rights, in order to declare the nullity of the clause, its non-application and restitution of the amount that has been paid in excess as a consequence of the floor clause.
Do not wait any longer to consult with us, as there are many cases in which we have worked, obtaining a satisfactory result, with the nullity of the abusive clause and the return of the amounts charged for the application of the clause.
