BRITISH homeowners are winning up to €48,500 in compensation after major banks in Spain were exposed for putting a hidden clause in their mortgages. In the early 2000s a string of lenders secretly wrote in their contracts that their clients’ payable interest rate could not drop below 3.5% – in what is now known as a ‘floor clause’. But for 10 years, between 2011 and 2021, the interest rate in Spain sat between 0-1%. It means countless homeowners spent years paying hundreds of euros more per month than necessary. Fairway Lawyers, based in Marbella, has been at the forefront of winning back money for affected homeowners – and on a […]
By ESTHER MARSHALL – www.express.co.uk Diego Echavarria is an expert in Spanish residency law. He is the founding partner of Fairway Lawyers on the Costa del Sol and spoke to Express.co.uk about British expats in Spain. He told Express.co.uk that one of his clients was asked to leave Spain in 72 hours after she struggled to prove she had residency. He said: “I had a case where someone who is a citizen in Spain couldn’t justify it. They gave her 72 hours to leave the country. “She was able to prove that she had residency so she was fine but I don’t know what’s going to happen to other people […]
Many Britons wish to retire in the Mediterranean country, looking for sun, warm weather and delicious food. This year, however, many UK nationals who applied for Spanish residency under the Withdrawal Agreement had their applications rejected. Many even received notices saying they had to leave the country within 15 days or they could be classified as illegal. Why? According to recent data by the EU’s Specialised Committee on Citizens’ Rights, Spanish authorities received 168,700 applications for residency in September 2021. Out of these, 141,700 have now been concluded. According to the report, 81,200 applications were approved for permanent residence, meaning it was granted to those Britons who had been living in Spain […]
Olive Press reporter Katherine Brook sat down with one of Spain’s best lawyers, Diego Echavarria, to discuss how he’s helped over 50 people who were victims of the floor clause claim back hundreds of thousands of pounds, as well as what problems Brits are currently facing in the country. Tell us a bit about yourself Diego? I was brought up in Madrid, which is where I studied to become a lawyer, splitting my time between there and Germany. I moved to Marbella in 2001 and then set up my own company, Fairway Lawyers, in 2006. Why Marbella? I specialise in being an English speaking lawyer, and Marbella’s a great place […]
Diego Echavarria of Fairway Lawyers in Marbella has recently been interviewed by The Local Spain after several of their British readers have contacted them to say they’re having problems getting their residency in Spain, and questioning why there are so many delays. The reporter spoke to several lawyers to find out what most the common residency issues are, how to correct them and why getting legal help might speed up the process. Gerard Martínez from Balcells Group in Barcelona explained to The Local that the vast majority of residency problems they are seeing now involve foreigners not knowing the best path to residency and not being sure about what their options are. Most […]
By www.thedeliciousday.com Diego Echavarría has practised real estate and immigration law in Malaga and throughout Andalucía for 20 years. I chatted with him via Zoom to learn the ins and outs of home buying in Spain for foreigners and why a real estate attorney is an absolute must. Here is a little of what he had to say… Why is a lawyer required when buying a home in Spain? Basically, you always need an attorney when you’re a foreign person investing in Spain. There are a lot of legal requirements and issues that most people do not know about. Lawyers check if the property has any debts and if the mortgages have […]
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). […]
‘ABUSIVE’ MORTGAGE FLOOR CLAUSES SPAIN: Are you entitled to compensation plus interest – even if you have sold your property and paid off the mortgage? They had taken out the mortgage through Bankia in 2004. The villa in Mojacar, Almeria, was the home they had always dreamed of buying for their regular trips south for the weather. With its sizable garden and sea views, it was the perfect place to unwind during the hard winters of northern England. But the Thompsons, like so many buyers who took out mortgages in the happy days between 2002 and 2009, soon found out that their mortgage was not fairly setup. While initially the […]
This week, finally, Spain’s Supreme Court will rule on mortgages that were linked to an IRPH rate, more than six months after Europe left it to the Spanish judges to rule on their legality or lack of transparency. While the standard Euribor rate has been negative since February 2016, the mortgages linked to the IRPH have been paying interest at around 2%. It is estimated that the average cost of overpaid interest payments to these clients could be around 25,000 euros each. The Supreme Court validated the use of the IRPH in 2017, but Court number 38 of Barcelona raised a preliminary question to Europe to enquire about the control […]
‘Abusive’ IRPH floor clause mortgages in Spain: A Costa del Sol court ruling obliges the banks to return everything overcharged – before the national Supreme Court rules on the matter. A judgment of the Provincial Court of Malaga has declared the IRPH mortgage rate null for ‘lack of transparency’, replace it with Euribor and orders the banks to refund the difference between the cancelled rate and the new one plus interest. The recent ruling of the Court of Justice of the European Union (CJEU) regarding the IRPH rate mortgages in Spain is so clear that many provincial courts and hearings have decided not to wait for the Supreme Court to […]