The Court of Las Palmas has annulled the notary and land registry fees in the constitution of a mortgage signed with Bankia.
The ruling of the Fourth Section – which is competent to resolve appeals on general contracting conditions – states that “the clauses of mortgage loans that attribute to customers the payment of all the Notary and Land Registry fees” are null and void, detailing that the bank must reimburse customers not half but all the costs they have paid for these items.
“Given that both the formalization of the public deed before a notary and the registration of the mortgage guarantee in the Land Registry are carried out in the exclusive interest of the Bank, it is the Bank that must bear these expenses”, adds the sentence.