Spanish courts order banks to refund mortgage fees, 97% of cases favor consumers

Spanish courts have declared the clause that imposed all mortgage‑closing costs (notary, land‑registry, gestoría and appraisal) on borrowers abusive, allowing consumers to claim reimbursement. The Supreme Court set the allocation: 100% of registry, gestoría and appraisal fees, and 50% of notary costs; the tax on legal documents (IAJD) is payable by the bank for loans signed after November 2018.

The EU Court of Justice clarified that the prescription period starts when the consumer becomes aware of the clause’s abusiveness, not when the payment was made, keeping the claim open for most affected borrowers, even those who have already repaid or early‑terminated their mortgages, through 2026. Over 97% of judgments since 2017 have been in favour of consumers, according to the General Council of the Judiciary, with some provinces reaching 100% favourable verdicts. Average refunds range from €1,000 to €3,000 per mortgage. The usual process begins with an extrajudicial request to the bank and, if unanswered, proceeds to specialised courts, where costs are typically awarded to the consumer.