BBVA ordered to refund mortgage expenses in Cuenca ruling

The Provincial Court of Cuenca has ruled against BBVA, rejecting the bank's attempt to avoid refunding 1,316.10 euros to two clients regarding mortgage-related expenses.

The bank argued that the claim had expired because consumers could have known about the abusive nature of the clauses years ago. However, the court upheld the initial sentence, confirming that the clauses were null and void. The amount to be returned includes 50% of notary fees and 100% of expenses related to the Property Registry, management, and appraisal, plus legal interest.

The court noted that, following precedents from the Court of Justice of the European Union and the Spanish Supreme Court, the statute of limitations generally begins when a ruling declaring a clause abusive becomes final, as that is when the consumer gains certain knowledge of the irregularity.