Floor Clause Lawyer in Málaga
If your mortgage contains a floor clause, your bank has been charging you interest above what you are legally required to pay for years. The Supreme Court and the Court of Justice of the European Union (CJEU) have declared these clauses abusive due to lack of transparency.
You have the right to recover all the money overpaid from the beginning of your mortgage, with legal interest included. At Orozco y Asociados we are specialists in banking law in Málaga and have been forcing financial institutions to return what is not theirs for years.
Your bank will not return the money voluntarily. You need a lawyer to force them.
Thousands of mortgages in Málaga contain floor clauses that were never explained to the consumer. If you signed the deed without understanding what you were agreeing to, that clause is null and void. Direct assistance: 952 87 42 37.
What is the floor clause and why courts declare it null and void
The floor clause is a condition included in thousands of mortgage contracts that establishes a minimum interest rate applicable to the loan, regardless of how much the Euribor drops. In practice, if you contracted a mortgage referenced to the Euribor + a differential, the floor clause prevented your installment from falling below a fixed percentage (normally between 2.5% and 4%), even when the Euribor reached negative values.
The Supreme Court Ruling of May 9, 2013 (STS 241/2013) was the first to declare the nullity of these clauses due to lack of the double transparency control required by the General Contracting Conditions Law. Subsequently, the CJEU (Ruling of December 21, 2016, joined cases C-154/15, C-307/15 and C-308/15) mandated full retroactivity: the refund must cover all overpaid amounts since the mortgage was signed, not only from May 2013.
How to know if your mortgage has a floor clause?
Review your mortgage deed: look for expressions like «minimum interest rate», «floor», «minimum variability limit» or «minimum applicable rate» Check if your installment has remained unchanged during the years when the Euribor dropped significantly (2009-2022) The most affected entities in Málaga: Unicaja, CaixaBank (Bankia), BBVA, Banco Sabadell, Cajamar and former savings banks Even if you have already cancelled the mortgage, you can claim the refund of overpaid amounts If your bank offered you an «agreement» or «novation» to eliminate the floor clause in exchange for waiving your right to claim, that agreement could be challengeable
Floor clause claim process, step by step
We have perfected an effective system so that you recover your money in the shortest time possible and with complete legal security:
Phase 1 — Technical audit of your mortgage deed
We analyze your mortgage loan deed to confirm the existence of the floor clause and verify that the double transparency control was not met: you were neither adequately informed of its existence, nor were its real economic effects explained to you. We calculate the exact amount you have been overcharged.
Phase 2 — Prior claim to the bank (RDL 1/2017)
We file an extrajudicial claim before the banking entity in accordance with the procedure established by Royal Decree-Law 1/2017. The bank has three months to respond. If it accepts, you recover your money without trial. If it rejects or does not respond, we proceed to the judicial route with costs borne by the bank.
Phase 3 — Judicial lawsuit for nullity of the clause
We file an ordinary trial lawsuit before the First Instance Courts of Málaga, requesting the nullity of the floor clause and the refund of all improperly charged amounts. We invoke Directive 93/13/EEC on unfair terms and the consolidated jurisprudence of the Supreme Court and the CJEU.
Phase 4 — Execution of judgment and money recovery
Once a favorable judgment is obtained, the bank must return all amounts overpaid since signing, increased with legal interest. If they do not comply voluntarily, we execute the judgment. Court costs are borne by the banking entity in the vast majority of cases.
We know exactly how much they owe you
Our banking law team performs an expert calculation of the amounts overcharged by applying historical Euribor tables to your specific loan. We don’t work with estimates: we will tell you the exact figure before initiating the claim.
Do you need immediate legal advice?
Our law firm based in Ronda handles your consultation in an agile and confidential manner. Legal coverage throughout the province of Málaga, Sevilla, Algeciras, Ceuta and the rest of Andalucía.
How much money can you recover from your floor clause?
The amount depends on three variables: the minimum interest rate set by the floor clause, the evolution of the Euribor during the life of your loan and the outstanding principal to be amortized. As a guide:
Mortgages with 3% - 4% floor
The most common in Málaga, especially in mortgages signed with Unicaja and former savings banks. In these cases, the difference between what was paid and what should have been paid can exceed a relevant amount – a relevant amount in long-term loans, plus legal interest.
Mortgages with 2% - 2.5% floor
Most common in BBVA, CaixaBank and Sabadell. Although the differential is lower, in high-amount or long-term mortgages, the recoverable amounts range between the amount documented in the judgment and a relevant amount. Each case requires an individualized calculation based on the specific deed.
Already cancelled mortgages
You can claim even if you have finished paying your mortgage. The nullity of the clause means it should never have taken effect, so the right to reimbursement remains. The limitation period for the nullity action is imprescriptible according to the Supreme Court doctrine.
Novations and prior agreements
If your bank proposed eliminating the floor clause in exchange for signing a waiver, that agreement may be voidable if it was not negotiated under equal conditions. The courts are declaring the nullity of these novations when the consumer did not have sufficient information or independent advice.
Floor clause lawyers in Málaga, Marbella and throughout the province
Orozco y Asociados defends consumers against banks throughout the province of Málaga: Marbella, Vélez-Málaga, Torremolinos, Fuengirola, Estepona, Benalmádena, Ronda and all municipalities of the Costa del Sol. Our experience before the First Instance Courts of Málaga has allowed us to accumulate a track record of favorable judgments that strengthens each new case we present.
The floor clause is just one of the multiple irregularities that your mortgage may contain. If we detect other abusive clauses during our audit — such as improper mortgage expenses, IRPH clause, abusive opening commission or revolving credit cards — we claim them all jointly to maximize economic recovery in a single action.
Let's discuss your case
Initial assessment without commitment. We identify the procedural route and critical deadlines.