When contracting a mortgage, many opt for the “reduced mortgage” since lower interest is obtained in exchange for contracting services that are IBAN anyway.-
What many do not do are the numbers to know if that bonus is really worth it and this is where the picaresque (to call it softly) of the banks comes in.
According to the Association of Financial Users (AUSFIN) andl 70% of insurance linked to mortgages, contracted before 2019, “can be abusive”. This was stated this week by the lawyer and partner of Fieldfisher and collaborator of Asufin, Pablo Franquet, in a webinar organized by the association dedicated to financed single premium insurance.
From the association they have explained that there would already be jurisprudence in this regard with up to fifty judgments favorable to the consumer, such as the rulings of the provincial courts of León, Barcelona and Málaga. The latter, in its ruling 266/2020, stated that “the amount of the premium is included in the borrowed capital, increasing the cost of the loan”. Consequently, we must confirm the abusiveness of the payment of this premium.” However, the Supreme Court has not yet ruled: “We hope that it will do so shortly”, the expert Franquet has transferred.
In this sense, they have explained that, if the mortgage was 200,000 euros and the insurance premium amounted to 15,000 euros, the bank “transferred 215,000 euros to the client’s account”. Immediately afterwards, the 15,000 euros “went to be deposited in the bank account of the insurance company.” Thus, Asufin calculates that the premium and interest would add 10% to those 200,000 euros requested by the client.
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