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Practice areaMortgages, guarantees and small print written to protect the bank first. Someone reading the contract for you, and pushing back when the bank has got it wrong.
Whether you are taking out a mortgage, holding a bank guarantee, or already in a dispute with your bank.
A cláusula suelo (floor clause) sets a minimum interest rate on a mortgage, meaning you never benefit fully when rates fall. Spanish and EU courts have ruled many of these clauses unfair when they were not clearly explained at signing. If your mortgage had one, you may be able to claim back what you overpaid.
When you pay deposits on a new-build property before it is finished, Spanish law requires the developer to back those payments with a bank guarantee (aval) or insurance policy. If the guarantee is missing, incomplete, or improperly issued, you could lose your deposit if the development fails. We check this before you pay anything.
There are defences available, including procedural errors by the bank and, in some cases, negotiated restructuring. The earlier you get advice after missing payments, the more options are usually still open. Waiting until the foreclosure process is already underway narrows what can be done.
IRPH is a reference index used in some Spanish mortgages, generally less favourable to borrowers than the more common Euribor. Courts have found some IRPH clauses were not transparently explained, opening the door to claims. It is worth having a lawyer check your specific mortgage terms.
After exhausting the bank's internal complaints process, you can escalate to the Banco de España's complaints service, and from there to court if needed. We handle this escalation and represent you at each stage.