After the change of opinion of the Supreme Court, it will be the bank that he will have to pay the Tax on Documented Legal Acts (IAJD) with which the mortgage deeds are taxed.
This expense represents a considerable amount because, depending on the autonomy, its value varies between 0.5% and 1.5% of the value of the property.
The TS has decided that the interest of the creditor prevails over that of the debtor, that is, the business is for the bank, which is the one that wants to register the operation and raise it to a public deed.
If the mortgage is not registered in the Property Registry, it would not be effective for the entity, since it could not execute the house in case of non-payment.
This is an important change since, although retroactivity is not specified, it encourages the mortgaged to claim an amount that could amount to about 3,000 euros on average.
From consumer organizations estimated that up to 8 million people could complain, which could aggravate the situation of the courts, which are currently already heavily saturated by other claims related to abusive clauses included in loans for the purchase of housing.
However, it is good news for consumers who felt defenseless against this situation and for the mortgaged futures.