In cases of a property sale with mortgage subrogation, is it possible to claim the mortgage setup expenses?
Answer: The Spanish Supreme Court, on January 23, 2019, issued several rulings declaring the mortgage expense clause abusive in loans related to property sales. These rulings did not cover sales involving mortgage subrogation. However, there are court decisions that allow for the claim of expenses related to property sale deeds with subrogation (STS 546/2019, of October 16), provided that the bank participates in the deed and executes a loan novation (STS 314/2020, of June 17; STS 168/2022, of March 1).
