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Spain's Supreme Court says floor clause claims still valid after loan ends


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Spain's Supreme Court says floor clause claims still valid after loan ends

Spain's Supreme Court has ruled that borrowers can still make claims against abusive interest rate caps on mortgages even if they have sold their property, Expansión reported Dec. 18.

The court was responding to a claim by borrowers who had sold their property while they were attempting to be reimbursed for having paid too much because of so-called mortgage floors, the paper said. Their bank had informed them that it was closing the claim a few weeks after the property was sold, the report said.

The borrowers took legal action against the lender, and the Supreme Court has declared previous legal rulings void and requested a new ruling, Expansión said.

Spain's controversial mortgage floors capped the interest rate on floating-rate mortgages, meaning some borrowers were unable to benefit from the fall in interest rates, but the European Court of Justice ruled in 2016 that the contracts were abusive and banks would have to reimburse borrowers for paying too much.