Banking Law in Bilbao

Comprehensive Advice on Banking Law in Bilbao

In Lambda Estudio Jurídico, located in Bilbao, we offer advice and representation in all areas of banking law. Our goal is to provide effective and personalized solutions to those who face conflicts with financial entities, ensuring the defense of their rights and assets.

Areas of specialization

Foreclosures

• Foreclosure Defense: We represent our clients in foreclosure proceedings, seeking solutions that protect their interests and assets. In case of legal problems related to property, we also offer advice on civil law in Bilbao.
• Negotiation and Mediation: We negotiate with banking entities to reach favorable agreements, avoiding foreclosure when possible.

Nullity of Abusive Clauses

• Demands for Nullity of Abusive Clauses: We advise and represent clients in lawsuits for the annulment of abusive clauses in loan and credit contracts, such as floor clauses, excessive late payment interest, and mortgage expenses.
• Recovery of Unduly Paid Amounts: We work to recover amounts improperly paid due to abusive clauses, guaranteeing fair restitution for our clients.

Our approach

Personalized Strategy: We analyze each case in depth to develop a legal strategy adapted to the specific circumstances of our clients.

Profound Knowledge: Our team of lawyers has extensive experience in banking law, which allows us to offer specialized and updated advice.

Protection of Client Rights: We are committed to protecting the rights and interests of our clients against banking entities, ensuring a solid and effective defense.

Comprehensive Care: We offer a complete service that ranges from the initial evaluation of the case to the final resolution, providing continuous support to our clients.

Why choose us?

Expertise in Banking Law: Our experience in banking law allows us to offer in-depth and specialized advice on every aspect of relationships with financial entities.

Effective Conflict Resolution: We have a proven track record in resolving banking disputes, ensuring our clients obtain fair and efficient solutions.

Confidentiality and Professionalism: We maintain a professional and confidential approach in all our services, guaranteeing the privacy and integrity of our clients' information.

Commitment to Success: We work dedicatedly to ensure the success and protection of our clients, addressing each legal challenge with an effective and well-informed strategy.

Learn more about our services at Lambda Estudio Jurídico in Bilbao.

An abusive clause is one that creates a significant imbalance between the rights and obligations of the parties to the detriment of the client, such as floor clauses, excessive default interest or the imposition of mortgage expenses. These clauses can be declared void judicially.

If you are having difficulty paying your mortgage, you may negotiate alternatives with the bank, such as restructuring the debt, a repayment holiday or transferring the property to settle the debt (dación en pago). Legal advice is essential to understand the available options.

Yes, you can claim the costs of formalizing the mortgage, such as notary, registration and management costs, if they were considered imposed on the client in an abusive manner. This will depend on the date of signing the contract and the applicable judicial resolutions.

Dación en pago is an agreement between the client and the bank to settle the mortgage debt by transferring the mortgaged property. It must be negotiated with the bank, as the bank is not obliged to accept it.

If the bank initiates a foreclosure procedure, you can object if you consider that there are abusive clauses in the contract or irregularities in the process. You can also seek advice to try to reach an agreement with the bank.

To claim the nullity of a floor clause, you must review your mortgage contract and file a lawsuit or initiate an extrajudicial process. It is important to provide evidence of how the clause affected the cost of your mortgage.

The IRPH (Mortgage Loan Reference Index) is an alternative index to the Euribor used to calculate the interest on some mortgages. In certain cases, it has been considered abusive and you can claim its elimination or replacement if it is demonstrated that the bank did not adequately report its effects.

Excessive late payment interest may be considered abusive and, therefore, void. According to the Supreme Court, they cannot exceed the remunerative interest agreed in the contract by two points.

As a guarantor, you respond with your assets in the event of non-payment by the owner of the loan. However, it is possible to seek a renegotiation of the loan or demonstrate the existence of abusive clauses that could limit your liability.

If you have been a victim of a banking scam, such as phishing, you should immediately notify your bank and file a report with the authorities. In addition, it is advisable to have legal advice to claim the return of lost funds.