Remortgaging Your UK Property to Buy in Spain: What Actually Changes
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Remortgaging a UK property to fund a Spanish purchase is a common route — and one that changes almost nothing about the Spanish-side legal process, provided the timing and paperwork are handled correctly. It’s a UK financial arrangement, not a Spanish legal one Releasing equity from a UK property through…
Abusive Mortgage Clauses in Spain: What Banks Have Been Ordered to Repay (2026 Guide)
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Spanish courts have declared several types of mortgage clause abusive — floor clauses, IRPH indexing, set-up costs, single-premium insurance and opening commissions — and ordered banks to repay borrowers. Whether you can reclaim depends on your specific contract and clause. This guide explains each type and where to start. What…
Spanish Supreme Court Rules Single-Premium Mortgage Life Insurance Abusive: What This Means for Homeowners in Spain
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If your Spanish bank made you pay a one-off “life insurance” premium at signing — often thousands of euros added to the loan — a June 2026 Supreme Court ruling may mean that charge was abusive and recoverable. The Court struck down single-premium life insurance that a bank imposed and…
Getting a Mortgage in Spain as a Non-Resident: 2026 Guide
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Getting a mortgage in Spain as a non-resident is possible — but the terms are not the ones a Spanish resident gets.Banks lend non-residents typically 60-70% of the price (so you need a 30-40% deposit, plus another 10-12% for taxes and fees), assess your income more strictly, and ask for…
Refinanciar una Hipoteca en Espana 2026: Cuando y Como
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Refinanciar una hipoteca española en 2026 significa o renegociar con tu banco actual (novación) o mover la hipoteca a un nuevo banco (subrogación). La decisión pivota sobre si la ganancia de tipo es significativa, los costes de mover, y el margen que da tu tasación. Con el Euribor habiendose movido…
Refinancing a Spanish Mortgage 2026: When and How
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Refinancing a Spanish mortgage in 2026 means either renegotiating with your existing bank (novacion) or moving the mortgage to a new bank (subrogacion). The decision turns on whether the rate gain is meaningful, the costs of moving, and the headroom your property valuation gives you. With Euribor having moved over…
Hipotecas para Extranjeros en Espana 2026: LTV y Documentos
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Las hipotecas españolas para extranjeros están ampliamente disponibles pero estructuradas de forma distinta a los prestamos hipotecarios británicos o estadounidenses. Los parametros principales que importan a compradores no residentes son loan-to-value (LTV), documentación requerida, tipo de interés (fijo, mixto o variable), plazo, y el paquete de comisiones que rodea la…
Spanish Mortgages for Foreigners 2026: LTV, Documents, Rates
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Spanish mortgages for foreigners are widely available but structured differently than UK or US home loans. The headline parameters that matter for non-resident buyers are loan-to-value (LTV), documentation requirements, interest type (fixed, mixed, or variable), term, and the package of fees that surround the mortgage itself. This guide walks through…
IRPH Claim in Spain: How to Challenge an IRPH Mortgage
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Thousands of mortgage borrowers in Spain may have paid significantly more interest because their loan was linked to the IRPH index instead of Euribor. Following several rulings by the Court of Justice of the European Union, Spanish courts must analyse whether IRPH clauses were transparent and properly explained. If the…
When “More Security” Becomes Abuse: A Very Human Ruling from Spain’s Supreme Court
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Spain’s Supreme Court has issued an important decision on mortgage guarantees. In a nutshell, it tells banks: If you are already well covered by a mortgage, you cannot keep piling on extra personal guarantees from family members for no real reason. This comes from a ruling where the Court declared…
Reclaim your mortgage opening commission
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The European Court of Justice (ECJ) has ruled that mortgage opening fees are abusive when transparency requirements are not met. According to the ruling, national judges must ensure that the borrower can evaluate the economic consequences of the clause, understand the nature of the services provided in exchange for the…
Negative Equity Property Debt
In the aftermath of the property bubble, the subsequent economic crash and more recently, the COVID-19 crisis, negative equity has become commonplace among property owners in Spain. Thousands of foreigners who bought at the height of the boom with high loan-to-value mortgages now find themselves with a property worth less…
Mortgage Repayment Help
Are You A Spanish Homeowner Struggling With Mortgage Repayments? We are Costa Luz Lawyers. And we want you to know that you’re not alone. Fastest start (recommended): Negative equity property debt (Spain) What to do when you can’t pay your Spanish mortgage Spanish Mortgage Claims (2026) — if the deed…
Claiming Your IRPH Clause in Spanish Mortgages (2026)
If your Spanish mortgage is linked to IRPH instead of Euribor, you may have paid significantly more in interest over the years. Before taking action, you should clarify three key points: How to check if your mortgage is indexed to IRPH (where to find it in your deed) Whether recent…
Mortgage Claims in Spain
Looking for the 2026 master guide? Start here: Spanish Mortgage Claims (2026) — abusive clauses, typical refunds, and how to recover money from Spanish banks. Tell us what you are facingEmail marialuisa@costaluzlawyers.es with a short description of your situation. We reply with the next step and who in the firm…
Court in Spain tells UCI to pay back ‘abusive’ opening commission on client’s mortgage
In a significant victory against abusive loan practices, a court in Cadiz, Spain, ordered Unión de Créditos Inmobiliarios (UCI) to refund nearly €2,000 to a client over opening commission fees the court deemed abusive.
Updated information on reclaiming mortgage expenses for British citizens with properties in Spain
In this detailed Q&A, we address common questions regarding mortgage-related costs and provide essential insights into the reclaim process. Discover your rights, understand the associated deadlines, and gain valuable tips on initiating a successful claim.
Mini-guide: Understanding abusive clauses in Spanish mortgage contracts
In Spain, the prevalence and impact of abusive clauses in mortgage contracts have been a significant legal issue, impacting a vast number of consumers.
Understanding mortgage novation: A comprehensive guide
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Mortgage novation is the process of renegotiating and changing the terms of an existing mortgage loan with your current lender. This is typically done by modifying the original contract through an agreement reached with the bank and formalized in the presence of a notary.
EU ruling opens the door to claims over “unclear” IRPH-linked mortgages
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Key takeaway: IRPH claims usually come down to transparency — what the bank explained at signing, and how the clause is drafted in your deed. What to send (fastest review): Mortgage deed (“escritura de préstamo hipotecario”) If repaid: approximate settlement date (or current balance if active)Send it here: Contact CostaLuz…
Reverse Mortgages
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What is a reverse mortgage? Tell us what you are facingEmail marialuisa@costaluzlawyers.es with a short description of your situation. We reply with the next step and who in the firm handles it. If your question turns on your own documents or figures, reviewing them is a separate, scoped service that…
Off-plan property bank guarantees and insurance policies
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Off-plan property bank guarantees and insurance policies form a fundamental part of purchasing a new property in Spain. Between them, they provide protection for your money should the developer fail to start construction or complete the property. It is therefore essential that this protection is in place when you buy…
What is a binding mortgage offer?
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If you’re buying a property in Spain, you may need to apply for a loan. In this case, you’ll probably shop around banks and may receive favourable replies to your application. These replies are often binding mortgage offers, but what does such an offer mean? And what are its consequences…
Claimants for floor clauses in Spanish mortgages now have full retroactivity
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We’re excited to report some good news for Spanish mortgage holders fighting against banks because of abusive floor clauses in their loan contracts. According to the latest judgement from the European Court of Justice, you may now claim the full amount from the date of signing the contract. This landmark…
All you need to know about mortgage valuations in Spain
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Often the first step to getting a loan is a valuation of the property you want to buy. Mortgage valuations in Spain are carried out by qualified professionals with the aim of ascertaining the real value of the property. But what do they involve and how much should you expect…
Guide to changing your mortgage in Spain
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There are several reasons why you might be thinking of changing your mortgage in Spain. Perhaps you’re looking for better mortgage conditions. Maybe you’d like a new mortgage contract with no abusive clauses. Or you want to change the names of the mortgage holders. All three are valid reasons and…
Ruling orders banks to pay court costs in floor clause mortgage cases
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Banks in Spain will no longer be exempt from paying court costs in mortgage ‘floor clause’ claims, a recent court ruling has decided. A modification to the royal decree-law on floor clauses approved in 2017 has now been ruled unconstitutional by the Tribunal Constitucional (Spanish Constitutional Court) because it was “contrary…
Supreme Court Rules That Banks Pay Mortgage and Legal Costs
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The Spanish Supreme Court has recently emitted sentences that clarify who should pay costs associated with a mortgage and those of legal cases arising from abusive clauses in mortgage contracts. At Costaluz Lawyers, we welcome both as a step in the right direction for more consumer rights for mortgages in…
What to Do When You Can’t Pay Your Spanish Mortgage
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The pandemic has put financial strain on almost everyone and many people are finding it difficult to meet their mortgage obligations. If you own a property in Spain with a mortgage, you may be already behind on your payments or think you could be in the near future. If this…
How long do you have to claim mortgage expenses in Spain?
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A recent note from the Consumer Ministry stated that 21 January next year is the time limit for claims for mortgage expenses. However, the move has met with strong opposition from legal experts and consumer rights defenders, all of which claim the Ministry is wrong. In this blog article, we…
Spanish Supreme Court orders bank to pay costs for mortgage paperwork
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One of the latest sentences to come out of the Spanish Supreme Court notches up another win for consumers. In the 555/2020 sentence, the Supreme Court orders a bank to pay costs for mortgage paperwork. These costs called gastos de gestoría in Spanish have been traditionally passed on to the…
New Court Decision Rules Mortgage Loan Null and Void
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A recent sentence has declared a BBVA mortgage loan null and void because of lack of information included in the contract. The court found that the Spanish bank failed to inform the client with sufficient clarity and transparency. This latest sentence continues to pave the way for better consumer protection…
Free yourself from your burden as a guarantor in Spain
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I volunteered as a guarantor of my son’s mortgage loan (I am an avalista) and want to see if I can get rid of that burden. Can I stop being a guarantor? Yes, there are two arguments based on Consumer Law for you to argue against the bank for the…
List of all abusive clauses that a mortgage may contain (Updated November 2025)
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Looking for the updated 2026 recovery guide? For claim routes, typical refund ranges, and what to send for a fast deed review, start here: Spanish Mortgage Claims (2026). Quick next steps (recommended): Spanish Mortgage Claims (2026) — full recovery guide Mortgage Claims in Spain (Hub) Key takeaway: This checklist helps…