Malaga court house / sur

Judge in Malaga condemns 'abusive' mortgage contract clauses

Banco Santander was also criticised for misleading the customer and was ordered to return 6,860.86 euros


A judge in Malaga has condemned Banco Santander for abusive conditions contained in a mortgage contract and for not duly informing the plaintiff of the risks they assumed. As a result, the bank has been ordered to nullify the clauses and return 788.35 euros to the aggrieved customer.

Banco Santander said in response they are studying the resolution to "adopt the appropriate decisions" after court’s ruling.

The bank customer, represented by the Law 57 legal firm, complained they had to shoulder inappropriate expenses related to the formalisation of the mortgage agreement. The agreement also contained a clause which stipulated that if one mortgage repayment was missed, the bank could demand the return of the entire loan.

"It is clearly disproportionate that for a single non-payment, or for the breach of an accessory or superfluous obligation, the financial institution can terminate the contract in advance and demand the full return of the entire loan amount," the judged ruled.

The customer also complained they had not been made aware of the risks associated with other financial operations they undertook with the bank. The judge ruled in favour of the client and instructed the bank to also return 6,860.86 euros.