Can I claim on a mortgage already repaid?
Yes. Repayment does not prevent a claim for nullity of the clauses and restitution, provided the action is not time-barred.
Banking Claims
Banking litigation remains alive in 2026 but the battleground has shifted. It is no longer enough to say a clause is unfair: the lack of transparency must be proven with the actual pre-contractual documents, and the start of the limitation period must be correctly identified. The Supreme Court refined both points in judgments 1353/2026 and 1356/2026.
What can be claimed today
- Mortgage set-up costs: notary, registry, agency and valuation fees.
- Opening commission, where it fails the transparency test.
- Revolving credit cards, void for usury or lack of transparency.
- Single-premium insurance linked to the loan.
- Floor clauses, IRPH and early termination clauses in older loans.
- Phishing and unauthorised payment transactions.
Limitation: the point that decides many cases
The question is not when you paid the notary's invoice, but from when you could effectively know the clause was void. The Supreme Court places the start of the period at the point the judgment declaring nullity becomes final, unless the bank proves earlier, effective and individual knowledge by the consumer.
How we run the claim
- Viability study using the deed, binding offer, standardised information sheets, amortisation table and receipts.
- Prior complaint to the bank's customer service department.
- Complaint to the Bank of Spain where appropriate.
- Court claim, seeking statutory interest and costs.
Frequently Asked Questions
Is every opening commission unfair?
No. The Supreme Court has upheld specific commissions where they were clear, included in the APR, did not overlap other charges and fell within reasonable ranges.
What documents are needed?
The loan deed, invoices for notary, registry, agency and valuation, the binding offer or standardised sheet, the amortisation table and, for cards, statements showing the interest applied.
How long does it take?
Out of court, one to three months. First-instance proceedings usually take between ten and twenty-four months depending on the court.