If you signed a mortgage in Spain years ago, even one you have already paid off, you may still be able to challenge unfair clauses in it. Many people assume that once too much time has passed, it is too late to do anything. For abusive clauses, that is usually not true.
In recent years, thousands of people have taken their banks to court to have unfair clauses in their mortgage contracts declared void, no matter how long ago they signed. One of the big questions courts have wrestled with is whether there is a time limit on bringing this kind of claim. The answer that has come out on top is no.
Abusive clauses do not expire
An unfair clause cannot be fixed or excused. Once a court finds a clause abusive, it is removed from the contract entirely, as if it never existed. Because of this, your right to ask a court to declare an abusive clause void does not run out over time. There is no deadline.
The courts have consistently backed this up, confirming that a claim for full nullity, meaning the clause is treated as void from the start, is not subject to any time limit.
Is there a deadline for a different kind of claim, based on error in consent?
There is one exception worth knowing about. If your claim is based on error in consent (meaning you were misled or did not properly understand what you were signing, rather than the clause simply being unfair), that type of claim does have a deadline. The clock starts running from the date the loan is due to be fully repaid, while it is still active.
So if you have a mortgage with unfair clauses, know that your right to challenge them does not disappear with time. It is still worth getting proper legal advice to understand where you stand.
