Editorial transparency and use of artificial intelligence
This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
For years, thousands of homebuyers in Spain—especially foreign residents—were made to pay all the costs associated with setting up their mortgage loans. Notary fees, land registry charges, administrative (gestoría) fees, and property appraisals were typically paid by the borrower in full. This practice was widespread but, as later confirmed by both Spanish and European courts, fundamentally unfair.
Cost allocation under Spanish law: Article 1455 of the Spanish Civil Code establishes that the costs of granting the public deed (escritura) are borne by the seller, and those of the first and subsequent copies by the buyer, unless otherwise agreed. Other costs (plusvalia tax, estate agent fees, etc.) depend on the applicable law and the specific agreement between the parties.
If you took out a mortgage in Spain before June 2019, there’s a strong chance you overpaid—and the good news is that you can still claim a refund.
Start here (recommended): If you want the full 2026 overview of claim routes (expenses, floor clause, IRPH, opening fees) plus typical recovery ranges and what to send for a fast deed review, read this first: Spanish Mortgage Claims (2026) — recovery guide.
Want the full 2026 overview (IRPH, floor clause, fees + recovery ranges)? See: Spanish Mortgage Claims (2026).
Related (recommended):
- Updated information on reclaiming mortgage expenses (British citizens)
- List of all abusive clauses a mortgage may contain (updated)
- Spanish Mortgage Claims (2026) — full recovery guide
- UK owners: reclaim mortgage expenses in Spain (what to send)
- IRPH legal update: CJEU ruling and refunds (key points)
Also useful:
A Clearer and Fairer Legal Landscape
The Spanish Supreme Court and the Court of Justice of the European Union (CJEU) definitively ruled back in April and June 2024 that mortgage clauses forcing consumers to bear all the costs of loan set-up are abusive and null. As a result, you have the legal right to reclaim certain costs—even if your mortgage has been paid off or the property sold.
Specifically, you may be entitled to recover:
- 100% of the land registry, appraisal, and administrative (gestoría) fees
- 50% of the notary fees
- Legal interest accrued from the date you paid those amounts
Is There a Deadline to File a Claim?
This is where recent legal developments have significantly improved the situation for consumers. While the nullity of abusive clauses never expires, the claim for the refund of the amounts paid is subject to a time limit: five years.
However, a crucial shift occurred with two rulings from the CJEU in April 2024 and a landmark decision by the Spanish Supreme Court (Judgment 857/2024, dated June 14). These judgments clarified that the five-year period does not begin when the mortgage was signed. Instead, the countdown starts when the consumer becomes effectively aware that the clause is abusive—typically when a court declares it null in their individual case.
This interpretation is particularly relevant for foreign homeowners, many of whom were never informed about these legal developments and could not reasonably be expected to follow Spanish jurisprudence closely. These rulings ensure that unless your bank can prove you were already aware of the clause’s abusive nature earlier, the five-year term only begins with a formal court decision affecting your case.
This legal evolution effectively extends the timeframe for many consumers who believed it was already too late to claim. In 2025, thousands of borrowers remain eligible to recover their overpaid mortgage expenses.
How Do You Begin the Claim Process?
- Gather your mortgage loan deed and invoices for notary, registry, appraisal, and administrative services.
- File a formal complaint with your bank, requesting a refund based on recent court rulings.
- If the bank does not respond within two months or rejects your claim, you can initiate legal action, requesting the nullity of the clause and reimbursement of the expenses, plus interest.
You don’t need to navigate this alone. With proper legal guidance, the process is straightforward and increasingly successful in court.
Key takeaway: If your Spanish mortgage was signed before June 2019, you may still be able to reclaim certain set-up costs—what matters most is the deed wording and supporting invoices.
FAQs — Mortgage Expenses Claims (Spain)
Can I claim if my mortgage is already repaid?
In many cases, yes. If the set-up cost clause was abusive, you may still be entitled to recover certain expenses plus legal interest.
What expenses are typically reclaimable?
Often: land registry, appraisal (valuation) and administrative (gestoría) fees, and part of the notary fees (depending on the legal assessment and documents).
What do I need to start?
Your mortgage deed (“escritura de préstamo hipotecario”) and the invoices/receipts for notary, registry, appraisal and administrative services.
What to send (fastest review):
- Mortgage deed (“escritura de préstamo hipotecario”)
- Notary, land registry, gestoría, and valuation invoices/receipts (if you have them)
Send it here: Contact CostaLuz Lawyers.
Are You a Foreign Homeowner with a Spanish Mortgage Signed Before 2019?
We offer a free, no-obligation review of your mortgage loan deed to determine if you’re eligible to reclaim unfairly charged expenses.
We speak your language, understand your concerns as a foreign property owner in Spain, and will guide you through the entire process—professionally and transparently.
Contact us today to start your claim. You could be entitled to recover thousands of euros. Let us help you get back what’s yours.
Which abusive clauses do we check in your Spanish mortgage?
- Floor clause (Clausula suelo) — hidden minimum interest rates
- Abusive late payment interest — rates exceeding legal limits
- Mortgage expenses — notary, registry, and management fees unlawfully charged to the borrower
- Opening commission — upfront fees that may be reclaimable
- Early maturity clause (Vencimiento anticipado) — allowing the bank to demand full repayment after minor defaults
- IRPH — a mortgage index consistently higher than Euribor, often applied without adequate transparency
- Multi-currency clauses — loans denominated in foreign currencies exposing borrowers to exchange rate risk
If any of these apply to your mortgage, you may be entitled to a refund. Request a free mortgage review
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
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Hi I took a mortgage out with sabadell in 2018 and was told I had to pay all fees and also take life insurance loaded onto my mortgage. Is this able to be claimed back from the bank as I was not told this may have been bad practice
Thank you for your message. Could I kindly ask you to write to me directly via the Contact Us section of our website http://www.costaluzlawyers.es
?
To assess whether these mortgage expenses and the insurance linked to your loan can be claimed back, we will need to review your mortgage deed as well as the invoices or receipts of the payments made. Once we receive these, we will give you clear guidance on your options.
I took out an interest only mortgage in November 2006 (in force until 2036). with Bankinter (Fuengirola, Málaga) … what is the process of reclaiming any fees owed and what percentage do you take for your fees? Thank you
Thank you for reaching out. To evaluate whether you can claim back the mortgage expenses and the life insurance tied to your loan, we will need to carefully review your mortgage deed along with the invoices or receipts of the payments.
Please write to me directly through the Contact Us section of our website http://www.costaluzlawyers.es
so we can receive your documents securely and provide you with clear guidance on the next steps.
Mortgage expenses claim: what you need to get started
If you signed a mortgage in Spain in recent years, you may be entitled to recover part of the expenses the bank required you to pay (notary, registry, administrative fees, etc.).
To begin the claim, two key documents are essential:
The mortgage deed.
The invoices for the expenses you paid.
With these documents, we can analyse your case and advise you on the claim process.
If you’d like us to review your mortgage, please send the documents to our email address