Mortgage costs, unfair terms, repossessions and cancellation at the Land Registry. We put you in touch with an English-speaking lawyer specialising in Spanish mortgage law.
If you signed before June 2019, part of the notary, Land Registry, gestoría (administrative agent) or valuation fees may be claimed back.
If you have doubts about a clause
Floor clause (cláusula suelo), IRPH, early termination or default interest: a specialist checks whether they are unfair.
If you can't pay
When facing repossession proceedings (ejecución hipotecaria) there are options (negotiating, restructuring, opposing them) worth weighing up as soon as possible.
Services
Mortgage law services
Choose the procedure and we'll explain how it works before you take any step.
What you need to know and how we put you in touch with the right specialist, without the jargon.
When you need a specialist
What to prepare for your first consultation
How we put you in touch with the specialist
Checklist
What to check in your mortgage deed
Four points to go through with the loan deed in front of you.
Whether you took it out as a consumer: anyone who took out a mortgage for their business does not, in principle, have the same protection.
Floor clause (cláusula suelo) without transparency: if it is annulled, everything overcharged since the start is refunded (Court of Justice of the EU, December 2016).
Disproportionate default interest or early termination after very few missed payments: the courts have struck them down in many cases.
Arrangement fee (comisión de apertura): following the Supreme Court (2023), it is generally valid, although it can be examined if it was not explained transparently.
Lawyers specialising in mortgage law
What a mortgage lawyer does for you
A mortgage is usually the longest and most expensive contract a family signs. A mortgage lawyer, a specialist in mortgage law, reviews your mortgage deed (escritura), tells you what can be claimed and defends you against the bank.
01
Claiming back mortgage costs
In mortgages signed before the Property Credit Act (Ley de Crédito Inmobiliario, June 2019), many banks charged the customer all the set-up costs; the courts have declared this unfair in loans to consumers. Guide to claiming back mortgage costs.
02
Cancelling the mortgage at the Land Registry
Paying it off does not remove the mortgage from the Land Registry (Registro de la Propiedad): you have to carry out the cancellation of the mortgage at the registry, which is essential to sell free of charges. If it is very old, it can be cancelled because it has lapsed (caducidad).
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Mortgages for foreigners in Spain
If you do not live in Spain and are going to take out a mortgage here, a mortgage lawyer reviews the European Standardised Information Sheet (FEIN in Spanish) and the other documents before signing, and coordinates with the property lawyer handling the purchase.
Repossession proceedings and negotiating with the bank
If you can’t pay, the lawyer negotiates a restructuring, handing over the property in settlement of the debt (dación en pago) or the Code of Good Practice (Código de Buenas Prácticas). Under the Property Credit Act, the bank can only call in the debt with missed payments of 3% of the capital (or twelve instalments) in the first half, or 7% (or fifteen instalments) in the second.
Costs, clauses, a debt or a mortgage to cancel: that's all we need.
02
02A specialist
A mortgage lawyer reviews it
A lawyer specialising in mortgage law studies your deed and contacts you.
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03No obligation
You decide with all the facts
You'll know what can be claimed, the risks and the fee quote beforehand.
No-obligation enquiry
Tell us about your mortgage
Costs, clauses or trouble paying: it takes 2 minutes, and a mortgage lawyer will contact you.
Enquiring is free
Your details, always confidential
No obligation to hire
Your enquiry
Under 2 min
Confidential
No obligation
Frequently asked questions
Questions about mortgage lawyers
What does a specialist mortgage lawyer do?
They review the deed, spot unfair terms, claim back from the bank what was wrongly charged, defend you in repossession proceedings and can cancel the mortgage at the Land Registry.
How much does a mortgage lawyer charge?
It depends on the matter: a fixed fee or a percentage of what is recovered. Ask for the fee quote in writing and ask what happens with the court costs.
Can mortgage costs still be claimed back?
In many cases, yes, although the time limit for asking for the refund, and when it starts to run, is still disputed in the courts. It is worth having it reviewed as soon as possible.
What can I do if I can't pay my mortgage?
Talk to the bank before unpaid instalments build up: a payment holiday, a longer term or, if you meet the requirements, the Code of Good Practice. If a claim has already been filed, a lawyer will assess opposing it.
Can the IRPH in a mortgage be claimed?
You can try, but there are rulings going in different directions and recent case law has not been very favourable to consumers in many cases. It is worth reviewing how your loan was sold to you.
What the people we put in touch with their lawyer tell us.
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Average rating on Google
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From the very first moment they inspired a lot of confidence. They explained everything clearly and answered my questions in a friendly, professional way. Without a doubt, a very positive experience.
María G.Google
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Excellent treatment and impeccable service. I especially appreciate that they explained the different options available and the steps I needed to follow. Very professional and attentive.
Carlos M.Google
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I was looking for advice and found a team that made me feel listened to from the start. I would highlight how clearly they explain things, how approachable they are and the peace of mind they give you throughout the whole process.
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