Our Services:
Mortgages and Banking Law

Facing a financial institution can be a complex and unequal process. At Abogado del Hipotecado, we have dedicated our careers to leveling the playing field, offering highly specialized legal services in banking law and the defense of mortgage holders in Málaga. Our in-depth knowledge of legislation and case law allows us to identify abusive practices and fight for your rights with the highest guarantee of success.

From the abusive clauses hidden in your mortgage to defending against a foreclosure or the debt generated by a revolving card, our team is prepared to offer you a clear, honest, and effective solution.

Foreclosure Defense

If your property is being foreclosed, we provide legal support to challenge or halt the process. Our goal is to protect your rights, avoid eviction, and seek the most favorable outcome — whether through negotiation or legal action.

Revolving Cards

We assist clients affected by revolving credit cards with excessively high interest rates and unclear repayment terms. Spanish courts have consistently ruled in favor of consumers due to the lack of transparency in these financial products.

Microloans

Microloan agreements often contain abusive interest rates and unfair terms. If you’ve taken out one of these high-cost loans, we can review your case and help you claim back what you’ve overpaid.

Defaulter Files (Credit Blacklists)

If you’ve been added to a credit blacklist (such as ASNEF or EXPERIAN) without proper notification or justification, you may be entitled to compensation and to have your data removed. We help you enforce your rights to privacy and financial fairness.

Mortgage Arrangement Fee Clause

Many banks charge a fee just for arranging a mortgage, without providing adequate explanation or justification. Courts have ruled this clause abusive in many cases. We can help you claim a refund of this fee.

Late Payment Penalty Fees

Late payment fees in mortgages are often disproportionately high and have been declared abusive by the courts. We analyze your contract and can help you recover these unlawful charges.

Default Interest Rates

Some mortgages impose excessively high interest rates when a borrower defaults. If your contract includes such rates, we can assess whether they exceed legal limits and help you reclaim any excess amounts paid.

365/360 Interest Calculation Method

The 365/360 method artificially inflates interest by calculating annual interest over 360 days instead of 365. If this method was applied without proper disclosure, you may be eligible to recover overcharged interest.

Interest Rate Floor Clause

A floor clause prevents your mortgage interest from dropping below a certain minimum, even when market rates fall. If this clause was not clearly explained when you signed your mortgage, it may be declared abusive, and you could recover the overpaid interest.

IRPH Mortgage Index

The IRPH is a benchmark interest rate used in some Spanish mortgages. Due to a lack of transparency in how it was marketed and applied, courts have ruled in favor of borrowers. You may be able to switch to a fairer index and recover excess payments.

Early Foreclosure Clauses

Some mortgage contracts allow foreclosure after just one missed payment. These acceleration clauses have been deemed abusive under Spanish law. If your property was repossessed under such terms, we may help you contest the foreclosure and recover your home.

Mortgage Securitization and Assignment

Banks often sell or transfer mortgage loans to third parties without informing the borrower. In many cases, the bank may lose the legal right to enforce the loan. We investigate securitization and help you defend against claims from entities that no longer hold your debt.

Foreign Currency Mortgages

Mortgages denominated in foreign currencies — such as Japanese yen or Swiss francs — have caused significant losses for borrowers due to currency fluctuations. If the associated risks were not fully disclosed, you may be able to have the loan annulled and recover damages.

Other services

We offer other types of legal services within civil law, such as in inheritance law (wills and estates), real estate law (national and international sales), traffic accidents, or urban planning management.

Can't find your
specific problema or have questions?

Banking law is extensive, and every case is unique. If your situation is not on this list or you simply want a second professional opinion, do not hesitate to contact us. The first step will cost you nothing.