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Mortgages › Spain

The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +
The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and uses that property as collateral for the loan. less -
International Lawyers Network

Buying and Selling Real Estate in Spain

International Lawyers Network on

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SPANISH LAW - I. Procedure of a real estate transaction - 1. Formal procedure of a real estate transaction in Spain starting from the signing of the purchase agreement...more

White & Case LLP

Spanish Transitory Measures

White & Case LLP on

The Spanish Government has approved a €200 billion emergency program to fund efforts to contain COVID-19 epidemic....more

A&O Shearman

Economic measures in Spain against Covid-19 coronavirus: moratorium on mortgage payment and on duty to file for insolvency

A&O Shearman on

Today it has been published in the Spanish Official Gazette (Boletín Oficial del Estado) Royal decree-law 8/2020, dated 17 March, on urgent and extraordinary measures to fight social and economic impact of Covid-19...more

A&O Shearman

Spanish Supreme Court position on the effects of nullity of early termination clauses

A&O Shearman on

On 11 September, the Spanish Supreme Court, in a plenary meeting, has issued ruling number 463/2019, stating its criteria on the effects of nullity of early termination clauses included in consumer mortgage loan agreements....more

A&O Shearman

Spanish new legal framework for mortgage services business: challenges and opportunities

A&O Shearman on

On 29 A?pril 2019 the Spanish government approved Royal Decree 309/2019, which develops certain key areas of Law 5/2019, which regulates real estate credit. Although the main purpose of these new rules is to regulate...more

White & Case LLP

European Real Estate Finance: Recent developments – June 2019

White & Case LLP on

As part of our periodic updates, here is an overview of recent developments of relevance to participants in the real estate finance market across certain key jurisdictions in Europe....more

Latham & Watkins LLP

Spain’s Stamp Duty Saga Settles With New Reform

Latham & Watkins LLP on

Lenders, not borrowers, become Stamp Duty taxpayers on mortgage loans under reform law. Key Points: ..The new law applies to all mortgage loans created after 10 November 2018, without retroactivity. ..Expenses...more

A&O Shearman

Spanish Stamp Duty on mortgages: is the drama over?

A&O Shearman on

Background - On 10 October 2018, the Spanish Supreme Court issued a ruling changing its traditional criterion and establishing that the lenders (and not the borrowers) would be liable for the payment of the stamp duty...more

A&O Shearman

Spanish Supreme Court changes its criteria: Mortgagees will be now liable for the stamp duty triggered by the creation of...

A&O Shearman on

The Spanish Supreme Court has just issued a ruling establishing that the lenders (and not the borrowers) are liable for the payment of the stamp duty triggered by the creation of the mortgages securing financings. ...more

A&O Shearman

Increasing litigation in Spain regarding abusive clauses in mortgage loans

A&O Shearman on

There is a growing tendency in recent years for borrowers in Spain to file claims alleging that certain provisions included in their mortgage loans are abusive or unfair. In addition, there is a very strong trend in Spanish...more

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