Congress Agrees that the Banks will Pay All Mortgage Costs, Except the Appraisal

13 November 2018 – Expansión

The political parties today agreed by majority that the new Mortgage Law will establish that notary expenses linked to the signing of mortgages will be paid by the banks and that the appraisal costs will be paid by customers.

Moreover, the notaries will carry out a questionnaire with each borrower to ensure that he/she understands all of the clauses in the mortgage contract, at no additional cost.

The Mortgage Law was presented again today at the Congress’s Economy Committee after the Government approved a royal decree law which stipulates that the Documentation Registration Tax (AJD) will be paid by the banks and not by customers.

The new Mortgage Law reflects that decision and makes it clear that the financial institution will pay for the first copy of the notary deeds; the customer will cover the cost of any copies he/she requests. Meanwhile, the registry costs will also be paid for by the bank; and the borrower will pay the appraisal expenses since he/she will be able to choose the appraisal company freely.

Nevertheless, several other important issues still need to be agreed, such as those relating to early repayment fees, late payment interest and the early termination clause of mortgages and which allows the foreclosure of homes depending on the debt that has been acquired by the borrowers (…).

On the other hand, the political parties will also have to decide about the entry into force of the new standards, given that the financial sector is asking for a margin of 6 months versus the 15 days that the draft bill is proposing.

The Mortgage Law, which is a transposition of a European directive, seeks to provide greater protection for consumers and promote transparency in the granting of mortgages, which is why the political parties have agreed that appraisal companies can be independent physical persons or legal entities (…).

Original story: Expansión

Translation: Carmel Drake

FAI: More than 8,000 Mortgages Paralysed by Supreme Court Ruling

26 October 2018 – Eje Prime

Real estate companies are warning of the impact of the legal battle over mortgages. The Federation of Real Estate Associations (FAI) estimates that more than 8,000 mortgage operations have been paralysed across Spain as a result of the decision taken by the Supreme Court that it should be the banks that pay the Documentation Registration Tax (AJD).

Similarly, the body has warned of the consequences generated by the delays and has asked entities to act “responsibly” towards their clients, given that “they may incur breaches in any “contratos de arras” they have already signed because of the delays in the signing of the mortgage loans”, according to Europa Press.

In this sense, the President of the FAI, Nora García Donet, stated that in light of the “uncertainty” generated, “the banks have delayed more than one third of the signings planned for the coming days”.

The FAI, constituted in March 2013, comprises twenty regional and local real estate associations from all over Spain. Currently, the entity groups together more than 850 real estate agencies and 3,730 professionals.

Original story: Eje Prime

Translation: Carmel Drake