Today, February 28, 2018, the ruling of the Plenary Judgment of the First Chamber of the Supreme Court in relation to consumer claims against clauses in their mortgage loan deeds, which attributed to them the payment of all expenses and taxes generated by the operation, has been released.
The judgment of the Supreme Court No. 705/2015, dated December 23, 2015, declared the abusivity of the clauses by which all the expenses were unilaterally imposed on only one of the parties, but it did not establish a criterion on what proportion of the expenses each party should pay, i.e., it did not quantify that nullity.
After numerous disparate rulings handed down by the Provincial Courts throughout the country, this ruling establishes the distribution of these expenses, especially with regard to the Stamp Duty Tax, stating that: a) for the constitution of the loan, the payment is incumbent upon the borrower, in accordance with the constant jurisprudence of the Third Chamber, of the Contentious-Administrative, of the Supreme Court; and b) for the stamp tax of the notarial documents, the tax corresponding to the matrix will be paid in equal parts between lender and borrower, and that corresponding to the copies, by whoever requests them.
Note Civil Chamber SC 28 Feb 2018-1
The full text of this ruling will be published in the next few days and we will analyze it in greater depth.