Banking law is the broad term for the laws that govern how banks conduct business. Bank regulation comprises a set of requirements, restrictions and guidelines relating to the operation and good practice of financial institutions. In other words, it is the legislation that regulates the way in which banking institutions must proceed when marketing products or services to their clients, whether they are professionals or consumers.
Our expert team of bank attorneys can take charge of claims brought against banks in Marbella. In this regard, we will be able to resolve any type of issues you may have with your bank. We will be responsible for the whole process, from initiating and processing the claim to negotiating with the bank on your behalf.
To date, we have worked with all types of financial institutions, we are experts in negotiations, and we can also represent you in court. We strive to provide the best solution at all times. Our dedicated team of bank lawyers is specialised in preferential, floor clauses, multi-currency mortgages, etc. Therefore, if you require the services of a bank debt lawyer in Marbella, do not hesitate to contact us.
What our clients say about our finance lawyers
Our team of lawyers can help you with your bank debts
We are specialist lawyers in bank debts, legal professionals dedicated to dealing with cases of unpaid debts. We counsel people who have bank debts and have been unable to meet their payment commitments correctly, taking into account the Second Chance Law. Our bank debt specialists provide the best advice to people in debt, so that they can comply with their payment responsibilities in the most adequate way without facing too many difficulties.
Our experts in bank debt are able to provide the best counsel in these cases, thanks to their specialisation in finance law. They will provide you with sound legal advice in order to avoid having to face a lawsuit for unpaid debts. This includes all negotiation processes and agreements with the banks in order to be able to renegotiate the debts, providing the possibility to meet your outstanding payments in a correct manner.
Our banking and finance law services
Banking Matters
A financial services lawyer is an attorney who gives advice on legal issues with respect to all types of banking matters. Our expert banking lawyers can assist our clients with a wide variety of financial issues:
• banking documents, such as loans and mortgages
• disputes or disagreements with your bank
• insurance companies
• investment funds
• exchange companies
Bankruptcy Claims
Bankruptcy proceedings are often a very complicated matter. Therefore we recommend you seek counsel from our English-speaking financial lawyers, who will provide you with sound advice, explaining your rights in a straightforward manner.
If your business is involved in bankruptcy proceedings, we will be able to recommend how to best protect your company’s assets, working closely with you throughout the entire process.
Abusive Clauses
Abusive clauses in banking contracts are those contractual provisions that have not been individually negotiated. They are incorporated and imposed by the bank, taking advantage of the privileged position they have against users and customers. In other words, they are conditions predisposed by the bank, which are applied to different financial products.
It is important to take into account that for years the Supreme Court declared these types of provisions as abusive, when they failed to comply with certain transparency requirements. However, the Supreme Court's ruling did not force financial institutions to return the totality of the money to the borrowers (only what was overcharged since 9 May 2013).
Insurance and Annuities
Our specialist financial services solicitors will be able to deal with any issues you may have regarding your insurance or annuities. The annuity contract is the agreement used to create a retirement or savings plan. Our expert team will help you understand your insurance policies and explain the details and the implications of your annuity contract for you and your family.
Entre los servicios que ofrecemos están los siguientes: eliminación de la cláusula suelo, reclamación de gastos de la hipoteca, ejecución hipotecaria, renegociación de la deuda con bancos, dación en pago, hipoteca multidivisa, SWAPS, IRPH, productos bancarios, CNMW, etc. Nos encargamos de proteger a nuestros clientes ante los posibles abusos de la banca. Nuestros abogados de deudas bancarias están para ti.
Some of the claims against banks we have handled
Legal claims regarding abusive clauses, complex banking products and malpractice are services in which our firm has a high success rate, with favourable rulings from Courts of First Instance and Provincial Courts.
We handle legal claims for abusive clauses (IRPH, floor clause, early maturity, formalisation costs, abusive interest, etc.), in addition to complex products (multi-currency mortgages, swaps, bonds, structured products, baskets of securities, bank foreclosures, appraisals, reverse mortgages, etc.), and malpractice. We are able to take charge of all these matters in a dedicated, professional manner, due to the expertise of our team of banking lawyers in Marbella.
[FAQs] Frequently Asked Questions about Banking Law in Spain
When does financial debt prescribe in Spain?
When referring to the statute of limitations of debt, they are usually associated with deadlines that have already been set and the time in which they are reviewed. The legal actions that our professionals can take to reclaim bank debts such as these, which are limited to, or expire within a period of 5 years, both claims for interest and also principal debt.
This applies to debts with non-mortgage loans granted by banks, including credit-card debt.
That is to say, there is a maximum period of 5 years to take legal action to claim financial debts, otherwise they are extinguished and the statute of limitations expires. Defaulting is, in fact, one of the main problems associated with financing.
What type of debts do banking lawyers handle?
Nuestro equipo de abogados especialistas en deudas bancarias se encargará de darte el asesoramiento necesario y de explicarle a los clientes los distintos tipos de endeudamientos que existen, entre los que podemos destacar los siguientes:
Our team of lawyers specialising in bank debts will provide you with all the advice you may need and explain the different types of indebtedness, among which we would highlight the following:
- Indebtedness due to mortgage loans: this ranges from indebtedness caused by lack of income, to lack of transparency in the conditions that the entity applies in the loan.
- Consumer credit indebtedness: here we find the accumulation of debts in consumer credit or personal loans, which can affect the economy of clients and may lead to non-payment.
- Credit card debt: credit cards and other financing instruments may have very high interest rates and fees, which can lead to unpaid debts.
- Unfair terms: financing companies have committed various offences in the case of charging abusive interest rates or lack of transparency in transactions.
Our professional experts in financial debt matters can advise and assist you in denouncing any of these types of situations and finding the best plan of action to resolve such issues.