Refunds from the banks, bottom clauses and expenses! – Comaskey Properties


Thousands of Euro in Refunds now being obtained by Ex Pats in Spain due to Spanish Banks overcharging us for years!!

There is some terrific news for owners of property in Spain who have a mortgage or had one in place. There is a very good chance that the Spanish banks made serious errors according to The European Court of Justice. Europe has ruled over the New Year on Mortgage Floor Clauses, for example which could affect thousands with mortgages in Spain. These clauses which state XYZ are being seen as “abusive clauses” against the benefit of us, the customers.

Spanish banks will be penalised harshly by having to pay back everything to us that we overpaid once a legal claim is made in the correct manner.

If you want to be successful in your claim against the banks, you need a lawyer specialised and experienced in banking and finance law. Spanish Solutions have been undertaking this in various instances for many years with Pedro our qualified lawyer. Last year we won millions on behalf of now satisfied clients who were unfairly overcharged in the boom times.

If you’d like us to take an action for you against the banks, we are delighted to do that. If 2016 is anything to go by, we are going to have continued success in recouping money for our clients that they were unfairly charged.

We at Spanish Solutions understand that not everyone knows who we are and therefore not everyone knows how good we are!!! For these clients, we are offering a No Win No fee option- If we claim your money back from the bank, you pay us a % of the winnings if we win, if we lose, we accept all your costs and you have no legal bill whatsoever. Hard to lose?

There are 2 different issues-

1º) Bottom clauses. You can force the bank to erase this clause and we will help you recover all the money paid as a consequence of the execution of the bottom clause.  This is very clear and a huge opportunity for clients to recover money

To study this opportunity and advise, we need a copy of the mortgage and the extract of the last mortgage payment.

2º) Expenses for setting up the mortgage. When you set up a mortgage in Spain you have to pay all the expenses (notary fees, land registry fees, stamp duty, etc). The Supreme Court has decided that this is an abusive clause as the beneficiary of the mortgage is the bank not you.  Therefore, this guarantee benefits the bank and for that reason THEY MUST PAY back all the expenses to register the debt.

What a potential windfall!!

We need copy of the invoices from the Land Registry Office, Notary, Stamp Duty in order to claim these.

These new proceedings are very clear. The only problem is to obtain the documents as frequently the clients do not have them, and the bank surprisingly will not be helpful in providing them. It is also the case that the Banks have not been ordered to repay the money, so it is not possible to go to the bank directly. This operation is time dependent and needs a qualified lawyer to write arguing the law and insisting on your refund of what you have overpaid.


Spanish Solutions are willing to conduct a study of your documents but there are only so many cases we can take so please do not delay on this.  You may well be entitled to thousands of euro, all you must do is know how to get it!

The limitation period is December 2019 or 4 years since the mortgage was cleared.  Please contact Amanda [email protected]

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