FLOOR CLAUSE

The Floor Clause refers to an indicator included in many mortgage contracts and that establishes a minimum interest to be paid in the monthly payments of the mortgage, regardless of the value of the reference index that you have agreed upon.

The Sentence of the Court of Justice of the European Union of December 21, 2016 establishes that banking entities must return the amounts paid in excess by reason of this clause from the date of formalization of the mortgage.

To get the return of these amounts unduly charged, you will need professional advice to be able to review your mortgage deed and recognize and claim the nullity of it. After obtaining the nullity, the EURIBOR mortgage reference index will be applied, the amounts overcharged for the application of the Floor Clause and the interest that these amounts would have accrued will be returned.

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