When we talk about mortgages, there are aspects that might go unnoticed but have a significant economic impact. In Blooming Homes, we offer you a clear guide to understanding how to claim the floor clause and defend your rights as a homeowner.
The floor clause is a minimum limit on the interest rate of variable-rate mortgages. Even if the Euribor falls, this type of condition prevents the monthly payment from decreasing below a certain percentage.
If you suspect your mortgage includes it, the first step is to review the deed. It often doesn't appear by that name but under similar technical terms. It's also common to detect it if your payment hasn't decreased despite market fluctuations.
To be able to make a claim, it is necessary for the clause to have been applied without transparency. This means that the bank did not correctly explain its consequences or that the client did not have sufficient information before signing.
The current procedure requires initiating an out-of-court claim. In this step, you must contact the financial institution requesting the removal of the clause and the refund of overpayments. The bank is obligated to respond, accepting or rejecting the request.
If the answer is unsatisfactory, the next step is to go to court. In this case, a judge will determine whether the clause is abusive. If the ruling is favorable, the bank will have to refund the amounts collected improperly, in addition to removing the condition from the contract.
Although these types of clauses are no longer included in new mortgages nowadays, they are still present in many old contracts. That's why you still have time to act.
Claiming may seem like a complex process, but with the right information, it becomes a key step in recovering your money and improving your financial situation.
