Spanish Mortgage Floor Clause Claims

Spanish Mortgage Claims

Claim Back Your Money from Unfair Mortgage Terms in Spain — with Quaerens on a no win, no fee basis.

Did you take out a mortgage in Spain between 2000 and 2019? Thousands of mortgage holders were charged unfairly due to hidden and non-transparent terms—especially the notorious floor clause (cláusula suelo). Quaerens can help you claim your money back.

What Exactly is a Floor Clause (Cláusula Suelo)?

A floor clause is a condition that was included in many Spanish mortgages, setting a minimum interest rate. Even when interest rates (like the Euribor) fell, this clause prevented your repayments from decreasing, costing you thousands extra.

In December 2016, the European Court of Justice declared floor clauses unfair, opening the door for full retroactive compensation.

Are You Eligible to Claim?

You can likely claim if:

• ✅ Your mortgage was taken out between 2000 and 2019. Many Spanish banks included floor clauses in variable-rate mortgages during this period, often without adequately informing borrowers, leading to significant overpayments.
• ✅ Your mortgage included a floor clause or other unfair terms. Floor clauses set a minimum interest rate, preventing borrowers from benefiting when benchmark rates like the Euribor dropped. This resulted in unjustified higher payments.
• ✅ Your bank failed to transparently explain these clauses. Spanish law requires full disclosure of mortgage terms. If your bank did not clearly explain the impact of the floor clause, it may be considered abusive under EU regulations.
• ✅ You can make a claim even if your mortgage has been paid in full. Settling your mortgage does not remove your right to claim back the excess payments you made due to unfair terms.
• ✅ You can make a claim even if you have sold the property. Selling the property does not affect your eligibility. If you overpaid because of a floor clause, you are still entitled to seek compensation for the overpayments.

Average claims are worth €6,500, but many mortgage holders recover significantly more depending on the mortgage amount and duration of overpayment.

How Much Can You Claim?

• ✅ Typical compensation ranges between €3,000 and €20,000. The exact amount depends on factors such as the size of your mortgage, the specific terms of the floor clause, and the duration it was applied.
• ✅ Average claims are approximately €6,500. However, many mortgage holders recover significantly more, especially if the floor clause was in effect for several years.
• ✅ High-value claims can exceed €30,000. In cases involving larger mortgages or longer durations, compensation amounts can be substantially higher.
• ✅ Additional recoveries may include legal interest and associated costs. Beyond the overpaid interest, claimants may also be entitled to legal interest accrued over time and reimbursement of certain legal expenses.
• ✅ We offer a free, no-obligation assessment. Our team will evaluate your mortgage documents to estimate the potential compensation you could reclaim.

Other Unfair Mortgage Costs You Can Recover

• ✅ Mortgage Setup Costs (Gastos Hipotecarios): Spanish banks often imposed all mortgage setup costs on consumers, including notary, registry, appraisal, and administrative fees. However, the Spanish Supreme Court has ruled that such clauses are abusive, allowing borrowers to reclaim these expenses. :contentReference[oaicite:1]{index=1}
• ✅ IRPH Index: The IRPH (Índice de Referencia de Préstamos Hipotecarios) is a benchmark interest rate used by Spanish banks. Unlike the more common Euribor, IRPH often results in higher mortgage payments. The European Court of Justice has determined that if banks did not adequately inform consumers about the implications of IRPH, the clause may be deemed abusive, opening the door to compensation claims. :contentReference[oaicite:2]{index=2}
• ✅ Multi-Currency Mortgages (Hipoteca Multidivisa): These mortgages are denominated in foreign currencies, exposing borrowers to exchange rate fluctuations. Many consumers were not properly informed about the risks, leading to significant financial losses. Spanish courts have declared such contracts null and void in cases where mis-selling occurred, enabling affected individuals to recover overpaid amounts. :contentReference[oaicite:3]{index=3}

Why Act Now?

• ✅ Strong Legal Precedent: Both European and Spanish courts have consistently ruled in favor of consumers regarding unfair mortgage clauses. Notably, the European Court of Justice has affirmed that such clauses, including floor clauses, are abusive and lack transparency, leading to numerous successful claims by affected borrowers.
• ✅ Time Sensitivity: While there is currently no fixed deadline to file a claim, future legal changes or statutes of limitation could impact your eligibility. Acting promptly ensures you don't miss the opportunity to recover funds that are rightfully yours.
• ✅ Risk-Free Process: Quaerens operates on a no-win, no-fee basis. This means you won't incur any upfront costs, and you'll only pay if your claim is successful, making the process financially risk-free for you.

Proven Track Record

• Average Claim: €6,500
• Highest Claim Recovered: €80,000
• Claim Success Rate: 98%

How Quaerens Helps You Claim

Quaerens has successfully helped many Spanish mortgage holders reclaim their money:

• ✅ Free Eligibility Check
  – Quickly discover if you have a valid claim.
• ✅ Detailed Assessment
  – We analyze your mortgage agreement and calculate your compensation.
• ✅ Multilingual Team
  Our team supports clients in English, Dutch, German, French, Spanish, and more — ensuring clear communication at every step, wherever you're based.
• ✅ Expert Claim Management
  We believe in transparency. – We submit your claim and handle all negotiations or court actions.
• ✅ Receive Your Compensation
  – Directly receive the money you’re owed, hassle-free.

Get a Free Legal Review
Whether you're still paying your mortgage or thought the matter was over — we can check if you're eligible. Many past mortgage holders are entitled to thousands in compensation. If you lost money in a Spanish off-plan deal, we’ll assess the bank’s responsibility and explain how we can help — on a no win, no fee basis.

👉 Start your free case review now. Let us help you recover what’s rightfully yours — with experience, care, and proven legal tools.