Portal de Totana

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The Municipal Services User Advisory Service reports on the claim of amounts for land clauses and mortgage loan formalization expenses (27/02/2017)

The User Advisory Service of the Municipal Services of the Department of Economic Development of the City of Totana informs users about the claim of amounts for land clauses and the costs of formalizing mortgage loans that these weeks are so topical.

After the deadline granted in Royal Decree-Law 1/2017 to credit institutions for the refund of the amounts collected in excess under the coverage of the floor clauses, consumers can now go to submit the corresponding claims.

The entities themselves will indicate to the consumer how to present the complaint, however, the City of Totana, in the User Advice Service of the Municipal Services, has standard forms to be able to present the claims for both concepts.

Once submitted such claims, which are advised to keep a copy sealed by the banks, within three months have to be resolved, having been given to whom claims a communication with the detailed calculation of the amount to be returned.

This extrajudicial way does not prescribe, so that it remains open: if the entities consider a claim to be unfair, they must communicate it, leaving the court open.

According to this municipal service, it is the consumer who chooses to return the money or other compensation such as cancellation of fees.

In the first case, it should be taken into account at the time of the IRPF declaration if there was deduction for investment in housing or other concepts.

In the second case, the consumer must be informed, assuming in another compensation such as the reduction of outstanding contributions if the formalization of a new public deed is going to involve some expense.

Likewise, the consumer can claim the amounts unduly paid for the expenses of formalizing the mortgage loans.

Among these expenses are Notary, Property Registry, Gestoría that processed the deed, appraisal of the floor (if it was imposed by the entity), as well as the tax of Documented Legal Acts related to the loan.

The fact of having finished paying the mortgage is not inconvenient to claim for the indicated expenses.

The limitation period will be four years from Supreme Court ruling 705/2015 of 12/23/2015.

Source: Ayuntamiento de Totana

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