Did you sign a mortgage before 2019 and pay notary, registry, administrative, or appraisal fees? If so, it’s natural to wonder whether you can still claim a refund for those mortgage expenses or if the deadline has already passed.
This is a common question, especially regarding older or already paid-off mortgages. In recent years, there have been a series of court rulings, changes in legal interpretation, and a great deal of conflicting information regarding the refund of mortgage expenses, leading many people to rule out filing a claim before they even review their deed.
In 30 seconds: What You Need to Know Before Filing a Claim
- In 2026, there are still valid claims, particularly regarding mortgage loans taken out before 2019.
- The Supreme Court sets the start of the 5-year period as the date on which the judgment declaring the expense clause null and void becomes final, not the date of signing.
- The fact that the mortgage has been paid off or that some bills are missing does not, in and of itself, close the claim.
- The recoverable amount is approximately €1,000 to €3,000, plus statutory interest from the date of signing.
Precisely because the criteria have changed several times, it is important to separate the noise from the data.
In this article, we explain which mortgage expenses you can claim, how much you can claim, how the time limit is calculated under the Supreme Court’s most recent ruling, what documentation you need, and what factors help determine whether your case has merit.
Will it still be possible to claim mortgage expenses in 2026?
The age of the mortgage loan does not preclude filing a claim in 2026.
The fact that many years have passed since the signing does not, in and of itself, mean that the claim is lost; nor does the fact that the mortgage has already been paid off.
The key is to review each specific case.
Why You Can Claim Reimbursement for Mortgage Expenses: Unfair Contract Terms
For years, many mortgage loan agreements included unfair terms that required consumers to pay all or nearly all of the costs associated with establishing the mortgage.
That practice has been challenged in court when the allocation of expenses was uneven and lacked genuine negotiation.
For this reason, for mortgages signed before 2019, it is often particularly important to check how those expenses were allocated.
Key point: An old or paid-off mortgage should not be automatically ruled out. It’s best to check the deed and the bills first.
The initial review is simple and involves no obligation: all you need to do is locate the deed and any available invoices to determine whether the case has merit.
Based on that information, an individual review allows us to determine whether there are any recoverable amounts.
Not sure if you have enough documentation to file a claim?
If you still have the mortgage deed or any bills, we can begin an initial review of your case. At Carrillo, we analyze the available documentation and advise you on whether your claim has merit.
What Are Unjustified Mortgage Expenses?
Unjustified mortgage expenses are the loan origination fees (notary, Land Registry, administrative agency, and appraisal) that the consumer paid as a result of an unfair clause and which, according to judicial precedent, were wholly or partially the responsibility of the bank.
The claim regarding mortgage expenses involves requesting that this clause be declared null and void and that the excess amounts paid be refunded.
The claim therefore focuses on determining whether that charge imposed on the consumer was unfair and to what extent a refund is warranted.
Who can claim mortgage expenses?
Anyone who signed a mortgage before 2019 and paid closing costs that may have been, in whole or in part, the responsibility of the bank may file a claim.
This analysis is particularly relevant for mortgage loans signed before 2019, a period during which it was common for the deeds to assign certain expenses to the customer—expenses that must now be carefully reviewed.
It usually makes sense to review the documentation in situations like these:
- The mortgage has already been paid off.
- The house was sold.
- The loan was paid off early.
- The mortgage was signed many years ago.
- Not all invoices are kept.
- A complaint has already been filed with the bank.
What mortgage expenses can be claimed?
When we talk about claiming mortgage expenses, we are referring to the amounts that the consumer paid when taking out the loan and that may have been imposed through an unfair clause.
The topics typically covered include the notary’s office, the Land Registry, administrative agencies, and property appraisals.
According to Supreme Court precedent, and subject always to a case-by-case analysis of each deed, claims for 50% of notary fees and 100% of registry, administrative, and appraisal fees are generally recognized.
Mortgage expenses that are commonly claimed
The allocation of mortgage expenses established by Supreme Court precedent is summarized in the following table:
ConceptThe portion that usually goes to the entityEstimated recoverable amountNotary PublicShared50%Land RegistryEntity100%Administrative Services FirmEntity100%AppraisalEntity100%
Even so, this allocation is the starting point for the doctrine, not a guaranteed outcome: the final percentage that is recognized depends on how the clause was worded in your deed.
Do you want to know if your mortgage contains any other unfair terms?
At Carrillo, we review the entire deed, clause by clause, to identify any amounts that may have been unduly paid in addition to the expenses. Send us your deed, and we’ll determine which items can be claimed.
Deadline for Claiming Mortgage Expenses in 2026
The deadline for claiming mortgage expenses is the issue that raises the most questions—and for good reason.
Many mortgages were signed ten, fifteen, or twenty years ago, and consumers assume it’s already too late. The key is when the clock starts ticking.
The 5-year period does not begin when you signed the mortgage, but rather when a final judgment declares the expense clause null and void.
The Supreme Court, in line with the CJEU’s ruling, has confirmed that, unless the entity can prove that the consumer was previously aware of the unfair nature of the clause, the statute of limitations for an action for restitution begins on the date the judgment declaring the fee clause null and void becomes final.
In practice, this criterion may allow certain older mortgages to remain enforceable, provided that the specific case has not become time-barred based on its own facts.
To answer correctly, you must distinguish between two separate issues:
- The possible invalidity of the unfair term, which is not subject to a statute of limitations.
- Claims for amounts paid as a result of that clause are subject to the statute of limitations.
That’s where the difficulty lies: it’s not always enough to count from the date of signature.
It is also important to determine when the consumer became aware that the clause was unfair and that he or she could claim a refund of the amount paid.
Practical conclusion: If you have doubts about the statute of limitations, don’t dismiss the claim simply because the loan is old. First, you must review the deed, the invoices, and the case history.
Can you claim mortgage expenses if the mortgage has already been paid off?
Paying off the loan does not necessarily prevent you from claiming mortgage expenses, because it does not erase what happened at the time the loan was signed.
If an unfair contract term was applied at the time and the consumer bore costs that should not have been their responsibility, the claim may still have merit.
To understand the origin of these criteria, you can also refer to our analysis of court rulings and changes in criteria regarding mortgage expenses.
What documentation do you need to claim mortgage expenses?
To assess a claim regarding mortgage expenses, it is important to gather the documentation related to the signing of the loan.
The main document is the mortgage loan deed; along with it, you should gather the invoices, which show what was paid, for what purpose, and what amounts could be included in the claim.
The most common documents are as follows:
- Mortgage Loan Agreement.
- Notary bill.
- Land Registry Certificate.
- Invoice from the administrative services firm.
- Appraisal invoice.
You don’t have to gather everything all at once to get started: the main focus is on the written statement and at least one bill.
Note: With the written statement and a few bills, you can already conduct an initial review of the claim for mortgage expenses against individuals. From there, you can assess what documentation is missing and whether it’s possible to obtain it.
Can you claim mortgage expenses if you don’t have all the invoices?
Not keeping all your bills doesn’t necessarily mean you can’t file a claim. Many mortgages were signed years ago, and not everyone keeps all the documentation.
In some cases, it is possible to request copies from the notary’s office, the Land Registry, the administrative agency, or the appropriate authority.
Don’t you keep all the documentation?
At Carrillo, we can help you identify which documents are needed, check what’s missing, and determine whether it’s possible to retrieve them. With the deed and a few invoices, we can already conduct an initial assessment of the case.
How much money can you get back by claiming mortgage expenses?
The amount that can be recovered when filing a claim for mortgage expenses depends on the amounts paid when the loan was taken out and on the items that may be included in the claim.
There is no single figure: each mortgage has its own fees, signing date, and specific expense clause.
From 1,000 to 3,000 euros, plus interest
As a general guideline, in many cases the amounts that can be claimed when seeking reimbursement for mortgage expenses range from 1,000 to 3,000 euros, depending on the paid invoices and the eligible items. Added to that amount is statutory interest from the date of the deed until the bank actually makes the payment, which can significantly increase the total amount when the mortgage was signed years ago.
How to Claim Mortgage Expenses with Carrillo: How We Review Your Case
At Carrillo, we review each mortgage expense claim on a case-by-case basis.
We don’t rely on automated responses or generic assessments: when it comes to unfair mortgage terms, the details matter.
We review the deed, the available invoices, and the background information to determine whether there is a basis for a claim and what amounts could be sought.
We also explain to the client, from the very beginning, what the possible outcomes are when claiming mortgage expenses:
- Positive response from the bank. The bank accepts the claim and refunds the amounts.
- Insufficient offer. The bank is offering less than the amount owed, and you need to decide whether it’s worth taking the matter to court.
- Legal action. When no reasonable agreement can be reached, the expenses are claimed in court.
We can review your case remotely
The process can be easily handled—even remotely—by submitting the necessary documentation. If you signed your mortgage before 2019 or have questions about whether you can still file a claim, we’ll review your case and guide you through the next steps.
Conclusion: It is still possible to claim mortgage expenses in 2026 in certain cases
The fact that the mortgage has been paid off, that some bills are missing, or that many years have passed since the loan was signed does not, in and of itself, preclude a claim for mortgage expenses. Before giving up hope, the key step is to review the loan deed: that’s where you can see if there was an unfair fee clause and how much was overpaid.
At Carrillo, we review your case on an individual basis to determine whether you can file a claim for mortgage expenses or other unfair terms and what amounts might be recoverable.
Frequently Asked Questions About Claiming Mortgage Expenses in 2026
Can I file a claim for mortgage expenses if I signed the mortgage more than 15 years ago?
Yes. The age of the mortgage does not automatically preclude the claim. According to Supreme Court precedent, the statute of limitations for a claim for restitution does not begin on the date the mortgage was signed, but rather on the date the judgment declaring the fee clause null and void becomes final; therefore, it is advisable to review the case before giving up on it.
Can I file a claim if my mortgage has already been paid off?
Yes, the fact that the mortgage has been paid off does not prevent you from filing a claim. The key is to determine whether an unfair clause was applied at the time and what costs the consumer incurred when taking out the loan. Paying off the mortgage does not erase any amounts paid in error at the time the loan was signed.
What if I don’t have all the invoices?
Not having all the invoices doesn’t mean the case is lost. In some cases, copies can be requested from the notary’s office, the Land Registry, the administrative agency, or the appropriate authority. For an initial assessment, the loan deed and the available invoices are usually sufficient.
What expenses are typically claimed?
Notary fees, Land Registry fees, administrative agency fees, and appraisal fees are reviewed. According to Supreme Court precedent, 50% of the notary fees and 100% of the remaining expenses are typically recognized, although each deed must be analyzed separately.
How much money can I recover by filing a claim for mortgage expenses?
It depends on the bills paid, the claimable items, and any applicable statutory interest. In many cases, the amounts range, as a rough guide, from 1,000 to 3,000 euros, plus interest accrued from the date of the deed.
What documents do I need for an initial review?
The most important thing is to have the mortgage loan deed and any available invoices from the notary, the Land Registry, the administrative agency, and the appraiser. With that information, we can assess whether the claim has merit and what documentation should be gathered.
Regulatory References
Official sources and case law on which the aforementioned criterion is based.
- Supreme Court — Ruling on the statute of limitations for mortgage expenses. Alignment with the CJEU: The statute of limitations begins to run from the date the judgment declaring the clause void becomes final.
- Article 1303 of the Civil Code. This article governs the reciprocal restitution of performance when an obligation is declared null and void.
- RDL 1/2007, Consolidated Text of the General Law for the Protection of Consumers and Users. Framework for Unfair Terms in Consumer Contracts.
This article is for informational purposes only and does not constitute personalized legal advice. The feasibility of a claim for mortgage expenses and the applicable deadline depend on each specific case, the deed, and the laws and case law in effect at any given time.
