About the administrative fees for processing the deed at the Land Registry.
At Velasco Blaya Abogados, we resolve all your questions about the Property Registry and mortgage law in Girona.
The recent Supreme Court Judgment, dated 26 October 2020 (rapporteur Mr. Ignacio Sancho Gargallo), determines the obligation of the banking entity to reimburse the consumer-borrower for the amounts paid as management fees for processing the deed before the Land Registry and the tax collection office.
This criterion applies to mortgage loans prior to Law 5/2019 of 15 March, on Real Estate Credit Agreements, since before that regulation there was no legal provision whatsoever on how these management fees should be paid.
The judgment concludes in its third legal ground that "(...) in the absence of a national regulation applicable in default of agreement that imposed on the borrower the payment of all or part of those expenses, the consumer could not be denied reimbursement of the amounts paid under the clause that has been declared unfair".
