Claim Your Minimum Interest Rate Clause

Also known as the "floor clause" (cláusula suelo) this is a provision included in many Spanish mortgage contracts that sets a minimum interest rate the borrower must pay — even if market rates fall below that limit. This means borrowers don't fully benefit from drops in interest rates, resulting in higher monthly payments.

The chances are very high — with a near 100% success rate in this type of claim. To date, our firm has won every single case.

Courts in Spain typically rule in favor of the consumer, as case law clearly supports the abusive nature of these clauses.

It's a relatively straightforward process that can lead to significant financial compensation.

To file your claim, you’ll need the following documents:

• Mortgage deed (escritura de la hipoteca): this is the main document outlining the terms of your mortgage and the applicable clauses.
• Mortgage cancellation documents: only required if your mortgage has already been fully paid off.

With these documents, we can evaluate your case and begin the recovery process.

Timelines can vary depending on the bank and the court handling the case. While we can't guarantee an exact duration, we'll keep you informed every step of the way via email and/or whatsapp.

The amount you can recover depends on the value of the mortgaged property, the total loan amount and how long the clause was active.

On average, affected borrowers recover between €5,000 and €15,000, depending on the loan amount and duration. The compensation is calculated as the difference between what you actually paid with the clause and what you would have paid without it — plus applicable interest.

At first, the bank may refuse to settle out of court, claiming that the clause is valid or that the loan has already been cancelled.

However, this does not prevent you from pursuing a legal claim to recover the expenses.

If a judge rules that the clause is null and void, the bank will be legally required to refund the amounts unduly charged.

No! The bank cannot legally penalize you for exercising your right to claim. This means they cannot raise your interest rate, add extra fees, or worsen your conditions just because you take legal action.

Mortgage contracts are regulated and protected by law. Any attempt by a bank to retaliate would be illegal — and extremely rare. In our experience, clients don't face any negative consequences for claiming what's rightfully theirs.