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Practice area

Banking Law.
When the bank isn't on your side.

Mortgages, 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.

What we handle

Mortgages, guarantees
and disputes with Spanish banks.

Whether you are taking out a mortgage, holding a bank guarantee, or already in a dispute with your bank.

Reviewing a mortgage offer before you sign, including rate structure, early repayment fees and linked products
Claims over cláusula suelo (floor clauses) and other unfair terms in mortgage contracts
Checking bank guarantees (avales) on off-plan or new-build property purchases
Disputes over mortgage floor clauses, IRPH-indexed loans, and multi-currency mortgages
Recovering money under a bank guarantee when a developer fails to deliver a property
Challenging bank charges, linked insurance products, and mortgage arrangement fees
Mortgage foreclosure defence (ejecución hipotecaria) if repayments have fallen behind
Complaints escalated to the Banco de España when the bank will not resolve a dispute directly
Common questions
What is a cláusula suelo and can I claim money back? +

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.

I am buying an off-plan property. What is a bank guarantee and why does it matter? +

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.

Can I still be behind on my mortgage and stop a foreclosure? +

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.

What is an IRPH mortgage and is it worth checking? +

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.

The bank will not resolve my complaint. What can I do? +

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.

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