The Floor Clause is a clause that is included in many mortgage contracts which establishes the client a minimum interest to pay in the monthly payments of the mortgage, regardless of the interest set by the market. By virtue of the judgment of the CJEU of December 21, 2016, banks will be obliged to return the amounts overpaid for this clause from the date of formalization of the mortgage.
How can I know if I have a floor clause in my mortgage contract?
In the event that you contracted and signed your mortgage between 2001/2012 and the monthly fee you pay has not decreased in recent years in the same way as the Euribor, most likely you have a floor clause.
In the event that you have signed an agreement with the bank to reduce or have the aforementioned clause removed from you in exchange for not taking legal action, you can also recover your money under the provisions of the judgment of July 9, 2020 by the CJEU where it is stated that the waiver of the judicial claim is not valid and that it must be the Spanish judges who determine if there was transparency in these agreements.
DAMATOABOGADOS has expert lawyers in banking law, specialized in claims of this type. Get in touch with DAMATOABOGADOS without obligation, we will study your case and in 48 hours we will give you a well-founded answer about the viability of your claim and a personalized budget.