Law firm of soil clause in Malaga
"We charge around 10% of the amounts, without having to pay us anything in advance"
Our law firm specializing in mortgage floor clauses in Malaga focuses on having these abusive clauses declared null and void. We claim and obtain both the annulment of the clause itself and the return of the corresponding amounts. We have secured favorable judgments against virtually all the major banks in the province of Malaga, thanks to our team of lawyers and economists who help us provide the best possible defense for our clients. We offer affordable and flexible fees, and we can charge a percentage of your final settlement.
What conditions must a floor clause meet to be illegal?
The Supreme Court ruling of May 9, 2013, established the grounds on which mortgage floor clauses could be considered illegal. There are many different variables, but generally speaking, all floor clauses that meet any of the following conditions will be illegal:
- Which not directly negotiated and specifically with the consumer. In other words, the operation of the clause has not been specifically explained to the consumer (either verbally or with documentation).
- That they have not been provided to the consumer comparisons between products with and without floor clauses. That is, that simulations of products with and without a floor clause have been delivered to them in order to compare how this affects the mortgage loan.
- That has not been provided to the client Binding offer when this is mandatory. It is compulsory in all loans formalized from December 8, 2007 to October 28, 2011 that are less than € 150.000.
- That the clause is found camouflaged or hidden within the rest of the mortgage loan conditions.
- Similarly, all those clauses that are hardly readable or understandable by an average consumer of financial products. Economic knowledge should not be required to formalize this type of contract.
In summary, if in your day you did not know about the existence of the floor clause, or knew it but did not know how it works and nobody bothered to explain it to you, it is very likely that you can claim the amounts you have overpaid because of this clause. We explain below how we work.
How do we develop the procedure?
First, we file an out-of-court claim via certified mail (burofax) with the financial institution, in compliance with Royal Decree-Law 1/2017 of January 20 , on urgent measures for consumer protection regarding mortgage floor clauses. If the institution responds affirmatively, the matter is settled. If the response is negative, we proceed to court to obtain the amounts to which we are entitled, through a somewhat slow but convenient and straightforward process for the client.
What is the price of our fees?
Our prices depend on the amount being claimed, as cases where the client can recover three thousand euros are not the same as those where they might recover thirty thousand. The level of responsibility is not the same, and neither is the amount we recover through legal costs. Generally, our fees will be 10% of the amounts recovered plus legal costs, if we are successful, but they may vary in each specific case. One thing is certain: if you don't want to proceed, you don't have to pay us anything upfront.
In case you are interested in hiring floor clause lawyers in Malaga, contact us. To do this, use the contact information you have on the right side of this page. We will answer all your questions for free, without obligation and as soon as possible.
What is your degree of success in these claims?
To be honest, these types of cases aren't very complicated or complex for lawyers. It's simply a matter of doing the work diligently, not missing deadlines, and avoiding major errors to obtain a completely favorable ruling. This is why our success rate is close to 100% (around 98-99%, to be more precise), with entities like Unicaja, Caixabank, Banco Popular, BBVA, and Cajamar being our main "victims."
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