Mortgage loan clauses

The dangerous terms of mortgage loans


Last June 16 marked two years since the entry into force of Law 5/2019, of March 15, regulating real estate credit agreements, which introduced measures to ensure the correct information of the consumer requesting 'a mortgage loan, thus making it impossible for the bank to include abusive contractual clauses, such as the infamous already famous floor or multicurrency clauses.

By Ignacio Diaz / Lawyer

In guarantee of this information, the Law confers on the notary the role of informing and explaining to the applicant of the mortgage the content of the loan agreement, establishing for this the inalienable obligation of both parties to meet in advance. at his signature, at least fifteen days in advance (in Catalonia).


The College of Notaries of Catalonia makes a very positive assessment of the application of the rule, considering it very difficult to include abusive clauses to the detriment of the consumer. However, consumers are advised to remain vigilant in the widespread practice of banking institutions to include clauses that subsidize the loan interest rate for the parallel subscription of other banking products such as home insurance or life, use of credit cards, pension plans, etc. which condition what the final interest rate is to be paid.


Keep in mind that a mortgage loan will usually affect a significant portion of your household income over a very long period of time. Some clauses suggested by the financial institution can in fact lead to a high economic cost in the event of a change in circumstances. Therefore, before arranging a mortgage loan, it is highly recommended that you consult a specialist lawyer. A simple consultation that can save much higher costs in the future.




Related articles


Until now, the competent tax administration (whether regional or central) regularized the established price not by the value declared by the taxpayer in the public deed, but by the value estimated by the technicians of the corresponding administration through the procedure of verification of values.

Read more

The Court of Justice of the European Union (CJEU) (Grand Chamber, Case C-125/18) handed down a judgment on 3 March which could have a major economic impact on many consumers.

Read more

Share the article

Share by: