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Civil

Banking law and mortgage enforcement proceedings

We review mortgage loans, revolving credit cards and other banking products to identify unfair terms or usurious interest and to claim back what you have overpaid. We also defend people facing mortgage enforcement proceedings or struggling to pay for their home. We support you from the complaint to the bank through to court, explaining the realistic options in your case at every step.

By Aida Elias Soguero, ICAB member no. 44021 · Updated on 14 October 2026

In brief

Who it is for
Consumers with mortgages, loans or credit cards, and borrowers or guarantors facing mortgage enforcement.
Where to claim
First, with the bank's customer service department; then with the Bank of Spain (Banco de España) or the courts.
Bank's response deadline
One month from your complaint; 15 working days if it concerns payment services.
Fees
We quote them in the first consultation (€40), with the option to pay in instalments.

What it covers

  • Floor clause: prohibited in variable-rate loans subject to Law 5/2019; in earlier loans it may be annulled for lack of transparency, with repayment of everything charged from the outset.
  • Costs: under Law 5/2019 the bank pays the notary's fee for the deed, land registration and processing agency, and you pay the valuation; in earlier loans the clause imposing them can be challenged.
  • Early termination of residential mortgages: arrears reaching 3% of the capital or 12 monthly instalments (7% or 15 in the second half of the term) and a demand giving one month to pay.
  • Revolving credit cards: according to the Supreme Court, the interest is 'notably higher' than normal, for usury purposes, if it exceeds the average market rate by more than 6 percentage points.
  • Mortgage enforcement: you can oppose it on the grounds of unfair terms underlying the enforcement or the amount claimed, within ten days of service of the order authorising enforcement.
  • Vulnerable borrowers: if your bank has signed up to the Code of Good Practice and you meet the requirements, you can request restructuring, a debt write-down or surrender of your main home in payment (dación en pago).
  • Until 15 May 2028, especially vulnerable families meeting the financial requirements of Law 1/2013 cannot be evicted from a main home sold in mortgage enforcement.
  • In Catalonia, if the creditor is a large property holder (gran tenedor) and your household has no other home and is at risk of housing exclusion, it must offer you social rent before suing (Catalan Law 24/2015).

How we help you

  1. We study your case

    We review the deed, the card agreement, your statements and correspondence with the bank to identify questionable terms and estimate what you could claim.

  2. We file a complaint with the bank

    We file a written complaint with its customer service department, which must decide within one month; if it does not reply or rejects it, we consider going to the Bank of Spain.

  3. Claim or opposition

    If no agreement is reached, we file the claim with proof of the prior attempt at negotiation required by law. If the bank has already started enforcement, we prepare the opposition in time.

  4. Follow-up to the end

    We keep you informed at every stage, check that the bank repays whatever is found to be owed and, if your home is at risk, apply for the protective measures available.

Frequently asked questions

What happens if the bank does not answer my complaint?

It must decide within one month (15 working days for payment services). If it does not, or rejects it, you can go to the Bank of Spain, whose report is not binding, or to court. If you are a consumer, that prior complaint satisfies the attempt at negotiation the law requires before suing.

I have been paying a revolving credit card for years. Can I get money back?

If the agreement is declared usurious, you only repay the capital you drew down and the bank refunds anything paid above it (art. 3 of the Usury Act). The interest clause may also be annulled for lack of transparency. The action for nullity is not time-barred, but the action for repayment is, so it is best not to delay.

I have been served with mortgage enforcement proceedings. What can I do?

Act quickly: you have ten days from service of the order authorising enforcement to oppose it. Among other grounds, you can rely on unfair terms, which the court also examines of its own motion. We also check whether you qualify for the Code of Good Practice or for suspension of eviction on grounds of vulnerability.

Legislation

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