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Verjährung des Anspruchs auf Hypothekarkosten

Verjährung des Anspruchs auf Hypothekarkosten

The Supreme Court will decide on the prescription of the claim for mortgage expenses on June 23.

The Civil Chamber of the Supreme Court will set the criteria to be followed by the different judicial bodies on the beginning of the limitation period for the claim by consumers of the expenses derived from the constitution of mortgage loans with banks. Until now, the criteria followed by the different provincial audiences have been different. On the one hand, there are bodies that maintain that the statute of limitations begins with the signing of the loan, which would make your claim extremely difficult. On the other hand, there are those who maintain that the term is imprescriptible, that is, that the computation begins at the moment in which the consumer knows that the clause is abusive by establishing it in a sentence. The latter was the opinion held by the CJEU in the recent preliminary ruling of April 22, 2021 (case C-485/19).

Faced with this situation, the Supreme Court will set a criterion that will guide the actions of the different legal operators on this issue with the resolution of various appeals.

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