The unfair terms of mortgages can be defined as those that tilt the balance in favor of the bank and against the client disproportionately. Lately they have become a topical issue. There is no day when no related news appears on any media.

Although the abusive clauses most often mentioned are the floor clause and the one that makes the mortgaged mortgage payments payable, they are not the only ones.

Floor clause

It is the limitation to the variation of the interest rate contained in Clause Three bis of the mortgage loan with a percentage that ranges from 3% to 5% below which you will not benefit from the fall of the Euribor. Your bank did not really inform you that the interest rate was not actually variable.Read more.

Mortgage expenses

All expenses you paid when you signed your mortgage, such as notary fees, registrar, appraisal and the Tax of Documented Legal Acts are now claimed together with legal interests. The clause is contrary to the law by imposing expenses on the client unilaterally. Read more.

Personal Warranty Clauses

The debtor responds to the bank with all its assets, present and future. It is an abusive clause because the client was not informed that in case of default and when the property is awarded to the bank, the customer continues indebted indefinitely for the rest of the loan without payment. This prevents payment of outstanding and past due debt. Once the nullity of the clause has been declared, the debtors once they give the house to the Bank will have no outstanding debt.


The financial institution imposes the guarantor, without information or negotiation about its scope, the waiver of its rights as those relating to the benefit of excuse, division and order. The bank in this way illegitimately ensures to direct its actions against the guarantor as if it were the main debtor of the loan.

Advanced expiration date

The Bank adopts the "early maturity" clause, after a few months (3 months), resolves the contract and demands in the Court, through a foreclosure proceeding, the entire loan. If this clause is abusive because it has not been informed or agreed individually with the client, it means that the number of unpaid quotas does not matter since the nullity will prevent the bank from executing the debt due to the mortgage procedure.

From Balms Abogados we recommend that you contact us so that our experts can study and evaluate your specific case and thus initiate the appropriate action in each case.

Our specialists

Francisco Lorenzo Martínez

Lawyer in practice since 1996 with extensive experience in the area of general Procedural Law. Specialized in Criminal Law, Family Law and International Law. Member number 3.880 of the Illustrious Bar Association of Malaga...

Pablo Antonio Sánchez

Lawyer licensed in 2010. Lawyer specialized in Civil Procedural Law, as well as in civil and commercial contractual matters...

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