Clausula Suelo or Floor Clause

  • Do you have a Mortgage on your Spanish property?
  • Were you sold a tracker mortgage based on the Euribor?
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Spanish banks owe home owners more than 5 billion euros!

Following a judgment of the European Court of Justice on 22nd December 2016 you may be able to claim compensation from your bank if you have a mortgage containing an unlawful floor clause or clausula suelo.

If you have one of these mortgages, you can now claim for the wrongly charged interest you overpaid, going back to 2008 in many cases.

The losses could be €200 or more per month on a mortgage of €150,000 which means that claims could be as high as €20,000.

We operate on a No Win No Fee basis, meaning there are no upfront costs for you to pay.

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Floor Clause Information

What is a floor clause?

Many Spanish tracker mortgages contain a ‘Floor Clause’ or Clausula Suelos meaning if the official interest rate drops to a much lower level, the customer’s mortgage repayments stay at the floor rate which is much higher. As a result people have been over paying thousands of Euros!

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The law

May 2013 - Spain’s Supreme Court ruled that mortgages of this type were “abusive” but banks were not initially ordered to refund customers.

April 2016 - A Madrid judge went further and decreed that 40 of Spain’s biggest lenders had to pay back borrowers the extra interest paid on mortgages dating back to 2013.

December 2016 – The more recent ruling by the European Court of Justice ordered that there should not be a time limit on how far back you can claim and banks should pay back all the interest you overpaid.

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Hassle Free Claim

These cases are complex and you can only submit a claim through the courts once.

We are an experienced solicitor firm who can handle your case in the Spanish courts,
and will take care of everything for you on a ‘no win, no fee’ basis.

FREE MORTGAGE REVIEW

We can review your Spanish mortgage deed to check if it has a floor clause. We will then advise you if you are able to claim back the interest overpayments, remove the clause from your mortgage reducing your future mortgage payments and claim compensation on the interest you overpaid.

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