Forget the coronavirus… there is something almost as bad for many homeowners in Spain. Let’s call it the BANKING PANDEMIA, or the Floor Clause illness, also known as the ‘Clausula Suelo’ or ‘Suelo Hipotecario’. This was simply a clause that was inserted into variable rate mortgage agreements in Spain during the last 20 years that affects the interest rate payable on the mortgage. And it means that mortgage holders are being conned and do not benefit from the fall in the EURIBOR as there will be a minimum rate of interest payable on the mortgage (this floor, also known as a ‘suelo’ is often 3- 4% depending on the bank). […]
The European Court of Justice has given the green light to Spanish courts to rule against lenders if mortgages were sold using the ‘more complicated’ IRPH rate rather than the more usual Euribor. Around one million mortgage holders could benefit from the top court’s ruling as the IRPH rate (an average of market rates) didn’t drop as dramatically as the Euribor in recent years. The ECJ has upheld earlier judgements that say using the IRPH is only valid if the different way of calculating it is clearly explained in the contract. Spanish courts will now have to decide on a case by case basis if compensation is due from banks. FIND OUT […]