"In TOMARIAL, ATTORNEYS AND TAX ADVISORS, we are experts in the claim to the banking entities of the elimination of the land clause and of the amounts paid more by the consumers in application of the same".
The recent ruling of the Commercial Court No. 11 of Madrid of April 8 opens a new panorama for consumers since it annuls the floor clauses of mortgages considering that there has been a lack of transparency and establishes that it must be applied to all the financial entities of the country.- This ruling continues with the bases established by the Supreme Court, which clearly established that this type of clauses - THE SOIL - must be underlined and highlighted in the mortgage loan contract, something that does not happen in the vast majority of cases.
Brussels must now decide whether the application of the elimination of the land clause and the return of the money paid by consumers - and their respective interests - should be limited to May 2013 (1st ST of the High Court that was manifesting on retroactivity ) or if, on the contrary, retroactivity affects from the beginning of each mortgage.
En TOMARY We advise you from the previous claim to the entity, that by commercial policy in some cases its application is definitively eliminated, in the approach of the Conciliation Act as a previous measure so that the client can see the amounts paid incorrectly, and even on the road judicial if the bank resists payment.
Experience tells us that going hand in hand with an Office like ours guarantees a greater effectiveness both in the elimination of the illegal clause and in the recovery of the amounts paid and their interests.
